Russ Doucet

The accused was charged with sexual assault and sexual touching of his granddaughter between December 2013 and February 2014, when the complainant was 12 years old.

The Crown alleged that the accused licked the complainant's legs and stomach on multiple occasions and placed his hand down her shirt.

The accused denied all allegations.

The court found that while the complainant had motive and animus to fabricate the allegations due to her unhappiness with living arrangements at the accused's home and disciplinary disputes over her computer use, the accused's testimony was straightforward, uncomplicated, and credible.

The court concluded that the Crown had not proven its case beyond a reasonable doubt and acquitted the accused on all counts.

The accused was charged with sexual assault and sexual touching of his granddaughter between December 2013 and February 2014, when the complainant was twelve years old.

The Crown alleged that the accused licked the complainant's legs and stomach on separate occasions and placed his hand down her shirt.

The accused denied all allegations.

The court found that while the complainant had motive and animus to fabricate the allegations due to her unhappiness with living arrangements and disciplinary conflicts over internet use, the accused's testimony was straightforward, uncomplicated, and credible.

The court was not satisfied beyond a reasonable doubt that the allegations were proven and acquitted the accused on all counts.

The appellant, an OPP officer convicted of breach of recognizance and mischief to data, brought an application to introduce fresh evidence on her summary conviction appeal.

The proposed evidence included alibi witnesses, computer forensic expert evidence, and evidence attacking the complainant's credibility.

The Superior Court of Justice dismissed the application, applying the Palmer test.

The court found that the evidence could have been adduced at trial with due diligence and that the expert computer evidence lacked sufficient cogency to reasonably affect the verdict.