K. Srodulski

The Crown brought a pre-trial motion to admit evidence of the accused's prior discreditable conduct in a sexual assault case involving his biological daughters.

The Crown argued the evidence was probative of the actus reus and corroborated the complainant's allegations that the accused, while intoxicated and in police uniform, used his service revolver to threaten her.

The accused contended the evidence was largely inadmissible hearsay, intrinsically weak, and lacked probative value.

The court dismissed the Crown's application, finding the proffered evidence irrelevant and insufficient to establish the alleged conduct, thus failing to meet the threshold for admissibility of similar fact evidence.

The accused was charged with sexual assault and sexual touching of a child under sixteen years of age.

The Crown's case relied primarily on the video-taped statement and trial testimony of the nine-year-old complainant, who alleged multiple incidents of inappropriate touching over a six-month period.

The accused denied the allegations, acknowledging only accidental contact during tickling games and one inadvertent kiss during horseplay.

The court found significant credibility and reliability issues with the complainant's evidence, including numerous inconsistencies regarding the timing and nature of the alleged incidents, poor quality of the video-taped statement with 123 indiscernible passages, and concerns about potential parental influence on the child's perception of the accused.

The court acquitted the accused on both counts, finding the Crown had not proven guilt beyond a reasonable doubt.