The Crown charged two defendants with aggravated assault of a family member who sustained extensive facial bruising, stitches, and two significant fractures to her orbital bone on December 2, 2017.
The complainant gave two irreconcilable accounts: initially reporting a violent attack by both defendants to medical staff and police, then recanting at trial and claiming she had tripped and fallen down the stairs.
The court admitted the complainant's prior police statement under the KGB doctrine and found it more credible than her trial testimony.
However, the court concluded that while the evidence was highly suspicious of guilt and probably showed the assault occurred, the absence of independent corroborating evidence combined with the complainant's demonstrated willingness to fabricate evidence and her motive to do so created a reasonable doubt.
Both defendants were acquitted.
