The appellant appealed his convictions for sexual assault and uttering threats, arguing his right to a fair trial was compromised by his inability to hear the proceedings, that the trial judge erred in assessing a witness's credibility regarding text messages, and that the transcript record was incomplete.
The Court of Appeal admitted fresh evidence regarding the appellant's hearing but found his claim that he could not hear the trial was not credible, given the accommodations made and his repeated confirmations that he could hear.
The court also deferred to the trial judge's credibility findings and concluded the transcript deficiencies did not prevent a meaningful appeal.
The appeal was dismissed.
