The accused, age 23, was tried on charges of sexual assault and sexual touching of a three-year-old child.
The Crown's case relied on the child's statement to his grandmother and subsequent police interview, in which the child disclosed that the accused had touched his penis.
The grandmother testified that she left the child briefly in the accused's unsupervised care and noticed the child's clothing was askew upon her return.
The accused denied the allegations.
The court found credibility issues with both the grandmother's evidence regarding her judgment in allowing an intoxicated person to supervise the child, and the accused's testimony regarding his presence upstairs in the home.
Ultimately, the court determined it could not be certain whether the touching occurred as alleged and acquitted the accused.
