The defendant was charged with committing an indecent act and criminal harassment.
The sole issue at trial was the identity of the culprit.
The complainant, a 17-year-old retail worker, identified the defendant as the man who exposed himself to her in her store and subsequently appeared at the mall wearing glasses.
The complainant made a photo line-up identification with 85-90% certainty and testified she was 100% certain the defendant was the man captured on mall security camera footage.
The defendant denied the charges and testified he only wears glasses for reading purposes.
Three defence witnesses corroborated that the defendant does not wear glasses except when reading.
The court found that while the Crown's case would have resulted in conviction if unanswered, the defence evidence regarding the defendant's glasses-wearing habits raised sufficient reasonable doubt to warrant acquittal.
