The appellant appealed his conviction, arguing that the trial judge erred in assessing the victim's identification evidence and improperly drew an adverse inference from the appellant's failure to call alibi witnesses.
The Supreme Court of Canada dismissed the appeal, finding that the trial judge unequivocally accepted the victim's identification evidence and was not left in a state of doubt.
The Court also concluded that the trial judge did not draw an adverse inference regarding the uncalled alibi witnesses.
