Three Toronto cops acquitted of sexually assaulting colleague see police act charges dropped
Three Toronto police officers who were acquitted of sexually assaulting a parking enforcement officer in a hotel in 2015 have also had their Police Services Act (PSA) charges dropped in court.
Nearly five years after the alleged sexual assault took place, the charges laid under the act — legislation that governs police conduct in Ontario — were withdrawn because the complainant did not want to "participate in the process," a lawyer for one of the officers told CTV News Toronto.
“It’s entirely understandable that the complainant or survivor would decide that she wouldn't want to go through it once, let alone twice,” said Pam Hrick, Executive Director and General Counsel of Women’s Legal Education and Action Fund.
York Regional Police, which was overseeing the investigation as an arms length agency, confirmed the charges were withdrawn Monday.
The criminal defence lawyer representing Constable Sameer Kara, one of the officers charged, said that had the PSA hearing continued, "he would have been once again found not guilty of any misconduct."
“My client has been subject to a cloud of suspicion and wrongdoing for too long,” Michael Lacy said. “Like anyone found not guilty he is entitled to move forward with his life.”
In 2017, Constables Kara, along with Leslie Nyznik, and Joshua Cabrero, were acquitted of sexually assaulting a female colleague after a judge said she was not able to clearly grasp whether the complainant consented to having sex with the three men in the early morning hours of Jan. 17, 2015.
The night of Jan. 16 was said to be “rookie buy night,”according to court proceedings, which included drinking at two bars and a strip club. At the end of the night, the officers and the complainant ended up in a hotel room at the Westin Harbour Castle, which was rented by one of the officers.
There, the complainant, who cannot be identified under a court ordered publication ban, said she was sexually assaulted by the three officers.
"I was powerless, I couldn't move, I couldn't talk, I couldn't stop what was happening," she testified in the 2017 criminal trial.
However, Ontario Superior Court Justice Anne Molloy took issue with the “reliability” and “credibility” of the complainant’s testimony.
Molloy identified “inconsistencies” in the complainant’s testimony, such as the amount of alcohol she drank and called her memory of the events that unfolded “patchy.”
While the complainant said she was unable to speak, move or see, the judge said in the criminal trial that video surveillance of her getting out of the cab “paint[ed] a completely different picture.”
“When someone comes forward to make a criminal complaint in a tribunal process, we ask a lot of the person who has experienced sexual violence to hold alleged perpetrators to account,” said Hrick.
Hrick pointed to the “high burden” of evidence required in a criminal trial involving sexual assault charges, which often results in a “large number” of cases not going to trial at all. “It’s a very high threshold,” she said.
“Testifying in a criminal or tribunal proceeding about sexual assault can be a gruelling and traumatic experience,” Hrick said.
The three 51 Division officers remain suspended with pay while Toronto police reviews the withdrawal of the charges, according to a spokesperson.
With files from Codi Wilson.
CTVNews.ca Top Stories
Mystik Dan wins the 150th Kentucky Derby at Churchill Downs in a three-horse photo finish
Mystik Dan won the 150th Kentucky Derby in a photo finish, edging out Forever Young and Sierra Leone for the upset victory.
Bodies recovered in Mexico likely 2 Australians, 1 American who went missing: officials
Three bodies recovered in an area of Baja California are likely to be those of the two Australians and an American who went missing last weekend during a camping and surfing trip, the state prosecutor’s office said Saturday.
No proof man lied to brother about number of kittens born in litter, B.C. tribunal rules
A man was denied a $5,000 payout from his brother after a B.C. tribunal dismissed his claim disputing how many kittens were born in a litter.
Princess Anne lays wreath at B.C. veteran's cemetery; receives 21-gun salute
Princess Anne paid tribute to veterans buried at a cemetery in British Columbia today, laying a wreath to honour the more than 2,500 military personnel and family members buried there.
Auston Matthews returns for Game 7, but Leafs minus injured goaltender Joseph Woll
Maple Leafs centre Auston Matthews returned to the lineup for Game 7 against the Boston Bruins on Saturday night.
'I just can't believe that it took so long': Body found in wreckage 3 months after deadly fire
A man accused of arson in a January Old Strathcona apartment fire is expected to be charged with manslaughter after a body was discovered in the burned building late last month.
Quebec police hand out hundreds of tickets to Hells Angels and other bikers before 'first run' meeting
Quebec provincial police handed out hundreds of fines to Hells Angels members and other supporting motorcycle clubs who met for their 'first run' in a small town near Sherbrooke, Que.
Work stoppage possible as WestJet issues lockout notice to maintenance engineers' union
A lockout notice issued by WestJet to a union representing aircraft maintenance engineers could result in a work stoppage next week.
London Drugs begins 'gradual reopening' on 7th day after cyberattack
Almost a week after all London Drugs stores across Western Canada abruptly closed amid a cyberattack, they began a "gradual reopening" on Saturday.