The accused was charged with sexual assault and sexual interference against a three-year-old child.
The alleged incident occurred in a park and was witnessed by the child's mother.
The Crown's case relied entirely on the testimony of the mother and the child's father.
The defence called no evidence.
The court found that while the Crown presented evidence of the alleged touching, there remained a reasonable doubt as to whether the assault occurred.
The court considered the fleeting nature of the alleged contact, the unlikelihood of such conduct occurring in broad daylight in front of the mother, the prior ill will between the parties, and inconsistencies in the witness's account regarding the reason for the breakdown in their relationship.
The accused was acquitted of the charges but placed on a peace bond with conditions of no contact.
