The accused was charged with sexual assault and sexual touching of two young sisters (ages 6-10 and 3-4 at the time of the alleged incidents) between 2015 and 2018.
The Crown sought to admit similar fact evidence regarding the testimony of both complainants.
The court rejected the similar fact evidence application due to concerns about unconscious collusion between the sisters, finding that the Crown failed to rebut collusion on a balance of probabilities.
At trial, the court found both complainants credible but unreliable due to significant inconsistencies in their testimony, recovered memories through flashbacks and dreams, and lack of independent corroborating evidence.
The court acquitted the accused on all counts, finding a reasonable doubt existed regarding guilt.
