Leo Kinahan

The accused was tried before a judge alone on charges of invitation to sexual touching, sexual interference, and sexual assault arising from two alleged incidents involving a child complainant related through marriage.

The central issue was whether the Crown had proven that the alleged events actually occurred.

The court reviewed the evidence of the complainant and her brother in detail, applying the governing approach to child witness credibility and the limited use of prior consistent statements.

While recognizing that delayed disclosure and post-incident behaviour could not undermine credibility through stereotype-based reasoning, the court found material inconsistencies within the complainant's evidence and significant conflicts between the siblings' accounts.

The Crown failed to prove the allegations beyond a reasonable doubt, and the accused was acquitted on all counts.

The appellant appealed the trial judge's dismissal of his application for a stay of proceedings under s. 11(b) of the Charter.

The appellant argued that a period of delay caused by missing video disclosure should not have been attributed to the defence.

The Superior Court of Justice found no error in the trial judge's conclusion that defence counsel failed to exercise due diligence by not reviewing the disclosure until the eve of trial.

The appeal was dismissed as the net delay fell well within the Jordan ceiling.