The applicant sought certiorari to quash an order committing him to stand trial following a preliminary inquiry on charges of sexual assault and sexual touching of a person with a disability in a position of trust.
The applicant argued the preliminary inquiry justice erred by committing him for trial despite the absence of direct identification evidence linking him to the alleged perpetrator.
The court reviewed the circumstantial evidence, including the complainant’s description of a staff member named “Terry,” testimony from a staff supervisor who knew the accused, and evidence that the accused had been suspended following the complaint.
Applying the principles in Arcuri and Charemski, the court held that the evidence constituted some evidence of identification sufficient to permit a reasonable jury to infer identity.
The application to quash the committal was therefore dismissed.
