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sexual assault took place, the charges laid under the act — legislation that governs police conduct in Ontario — were withdrawn because the complainant did not want to "participate in the process," a lawyer for one of the officers told CTV News Toronto.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York Regional Police, which was overseeing the investigation as an arms length agency, confirmed the charges were withdrawn Monday.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
B.C. tenants evicted for landlord's use after refusing large rent increase to take over neighbouring suite
Ashley Dickey and her mother rented part of the same Coquitlam duplex in three different decades under three different landlords.
Mountain guide dies after falling into a crevasse in Banff National Park
A man who fell into a crevasse while leading a backcountry ski group deep in the Canadian Rockies has died.
Expert warns of food consumption habits amid rising prices
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
MPP Sarah Jama asked to leave Ontario legislature for wearing keffiyeh
MPP Sarah Jama was asked to leave the Legislative Assembly of Ontario by House Speaker Ted Arnott on Thursday for wearing a keffiyeh, a garment which has been banned at Queen’s Park.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Ex-tabloid publisher testifies he scooped up possibly damaging tales to shield his old friend Trump
As Donald Trump was running for president in 2016, his old friend at the National Enquirer was scooping up potentially damaging stories about the candidate and paying out tens of thousands of dollars to keep them from the public eye.
Here's why provinces aren't following Saskatchewan's lead on the carbon tax home heating fight
After Prime Minister Justin Trudeau said the federal government would still send Canada Carbon Rebate cheques to Saskatchewan residents, despite Saskatchewan Premier Scott Moe's decision to stop collecting the carbon tax on natural gas or home heating, questions were raised about whether other provinces would follow suit. CTV News reached out across the country and here's what we found out.
Montreal actress calls Weinstein ruling 'discouraging' but not surprising
A Montreal actress, who has previously detailed incidents she had with disgraced Hollywood producer Harvey Weinstein, says a New York Court of Appeals decision overturning his 2020 rape conviction is 'discouraging' but not surprising.
Caleb Williams, Jayden Daniels and Drake Maye make it four NFL drafts with quarterbacks going 1-3
Caleb Williams is heading to the Windy City, aiming to become the franchise quarterback Chicago has sought for decades.