John David McInnes

A police officer was convicted of sexually assaulting a complainant by performing searches of her while transporting her to a police station.

At trial, the trial judge admitted a prior consistent statement made by the complainant to a female officer at the police station, in which the complainant stated she had already been searched three times.

The summary conviction appeal judge quashed the conviction, finding the trial judge erred in admitting and relying on the prior consistent statement.

The Crown appealed to the Court of Appeal for Ontario.

The Court of Appeal allowed the appeal and restored the conviction, holding that the prior consistent statement was admissible under the narrative as circumstantial evidence exception to the rule against prior consistent statements, and that the trial judge properly used the statement to assess the complainant's credibility by considering the context, timing, and spontaneous nature of the complaint.

The appellant, Andrew Wilby, a police officer, appealed his conviction for dangerous driving.

The conviction arose from an incident where he drove his police cruiser onto a sidewalk, colliding with a fleeing suspect, Cammalleri, during an apprehension attempt.

The appellant argued that the trial judge erred by using speculation, applying a harsher standard of scrutiny to defence evidence, and rendering an unreasonable verdict.

The appeal court found that the trial judge was entitled to reject certain defence evidence and draw inferences that logically flowed from the accepted facts, including that the appellant deliberately drove onto the sidewalk to obstruct the suspect's path.

The court also found no error in the trial judge's credibility assessments or the application of the dangerous driving test.

The appeal was dismissed.

A preliminary inquiry into charges of second degree murder and careless use of a firearm arising from the death of Eric Osawe during a dynamic police entry.

The Crown alleged that the accused officer deliberately fired his MP5 submachine gun during a struggle with the deceased.

The court found no evidence from which a reasonable jury could infer intentional discharge, and further found that the officer's conduct was consistent with professional standards.

The accused was discharged on all counts.