The accused faced charges of sexual assault, sexual touching, and invitation to sexual touching arising from historical allegations by his step-daughter.
The trial turned entirely on credibility and reliability because the Crown case rested on the complainant's evidence alone, while the defence relied on contradictions, delayed disclosure, collateral impeachment evidence, and the mother’s evidence about opportunity.
The court held that delay alone could not support an adverse inference, but found significant credibility and reliability concerns in the complainant’s evidence, including inconsistencies on material and collateral matters.
Preferring the mother’s evidence on key contextual points and concluding the Crown had not met the burden of proof, the court acquitted on all counts.
