The appellant, Valentine Ngoddy, appealed his conviction for sexually assaulting a developmentally delayed complainant.
The complainant did not testify at trial, and her hearsay statement was admitted for its truth.
The Superior Court of Justice, on appeal, found that the trial judge erred in admitting the hearsay statement.
The court determined that the statement lacked sufficient threshold reliability, as factors such as spontaneity were overemphasized, repeated assertions were improperly used as corroboration, and the absence of a motive to fabricate was incorrectly treated as a positive indicator of reliability.
Furthermore, the court found no functional alternative to cross-examination, given the inconsistencies in the complainant's various statements and her cognitive limitations.
The appeal was allowed, the conviction was set aside, and an acquittal was entered.