In a judge-alone criminal trial involving allegations of sexual interference and sexual assault against a child during parenting visits, the court acquitted the accused.
Although the complainant was found to be honest and attempting to tell the truth, the court held that her evidence was not sufficiently reliable because of significant memory limitations and material inconsistencies on central aspects of the alleged incidents.
A second youth witness had previously recanted her allegations to police and later adopted a contrary account, creating serious credibility and reliability concerns.
Applying the reasonable doubt standard, the court held the Crown had not proven either count beyond a reasonable doubt.
