The accused was charged with two counts of sexual assault against a complainant who briefly worked for him.
The complainant alleged she was sexually assaulted at a nightclub, at a condo, and later at the accused's home, claiming she was highly intoxicated and 'blacked out' during parts of the events.
The court found significant credibility and reliability issues with the complainant's testimony, noting physical impossibilities in her descriptions, selective memory, and actions inconsistent with her stated lack of romantic interest in the accused.
Applying the W.(D.) principles to the defence evidence, the court concluded the Crown failed to prove the sexual assaults occurred beyond a reasonable doubt and acquitted the accused.
