The appellant, Gordon Machen Jr., appealed his conviction for sexual assault, alleging ineffective assistance of trial counsel, reasonable apprehension of bias by the trial judge, and misapprehension of evidence.
The appeal court reviewed numerous allegations against trial counsel, including failure to obtain full disclosure, inadequate cross-examination on inconsistencies and omissions in complainant testimony, and an overly narrow "one-pronged" GPS defence.
While acknowledging some deficiencies in counsel's preparation and strategy, the court found that these did not individually or collectively establish a reasonable probability that the verdict would have been different or that the trial was unfair.
The court also dismissed the claim of judicial bias due to lack of independent evidence and found no material misapprehension of evidence by the trial judge.
The sentence appeal was deemed moot as the jail sentence and probation period had been completed.
The appeal was dismissed.
