The accused, a medical assistant at a colonoscopy clinic, was charged with sexual assault on a patient who alleged he was fondled multiple times during a routine colonoscopy procedure.
The complainant testified he was sedated but conscious throughout the procedure and experienced excruciating pain.
The accused denied the allegations and testified he had no specific recollection of the complainant's procedure.
The defence called the performing physician and an expert psychiatrist in psychopharmacology.
The court found the accused credible and his denial sincere.
The court also found significant frailties in the complainant's evidence, including inconsistencies regarding his position during the procedure, his recollection of the room layout, the type of gown worn, and the timing of his complaint.
Expert evidence established that anaesthesia-induced sexual hallucinations are a recognized pharmacological phenomenon.
The court acquitted the accused, finding the crown had failed to prove guilt beyond a reasonable doubt.
