Accusations from the police have dropped out of 3 officers in Toronto who are accused of sexual assault

Three Toronto police officers who were acquitted in a high-profile criminal trial for gangs of sexual assault have been acquitted of charges from the Police Services Act stemming from the same incident.

This is because the main witness, the complainant, has refused to testify and says she has lost faith in the prosecution process, CBC News has learned.

This is the latest in a series of high-profile cases in which plaintiffs have failed to testify in court after the accused were acquitted in criminal cases.

Art. Leslie Nyznik, Sameer Kara and Joshua Cabrero all faced charges against the Police Services Act (PSA) for engaging in sex without the consent of a parking attendant and consenting to sex with a TPS member ranked “in a lower position” on the 16th. January 2015.

In addition, Nyznik and Kara were accused of accepting free alcohol and food from a bar in the center. Nyznik was also charged with entering the Brass Rail strip club without having to pay the coverage fee, according to a hearing statement.

“The prosecution of the officers is no longer in the public interest. We have been asked to withdraw the allegations of misconduct against the officers and therefore bring the PSA hearing to a conclusion,” prosecutor Ian B. Johnstone said in a teleconference.

A court sketch by Josh Cabrero, Sameer Kara and Leslie Nyznik. (CBC)

The complainant indicated to all lawyers that she did not want to testify again because it would be detrimental to her health and well-being. She said she had lost faith in the prosecution process and did not want to participate, sources told CBC News.

“The plaintiff sought a specific outcome, not a fair hearing,” said Toronto criminal defense attorney Michael Lacy, who represented Kara.

“Our clients were acquitted after the criminal case and we were sure that the same result would have happened again. Everyone has the right to a fair trial, not a certain result.”

A ‘systemic problem’ in sexual assault cases

But Mandi Gray, a former sexual assault complainant who had her identity ban lifted in her 2017 high-profile lawsuit in Toronto in 2017, said the complainant’s refusal to testify was symptomatic of an “ongoing systemic problem”.

Gray’s trial resulted in a conviction, but the verdict was overturned on appeal. Instead of testifying again at another trial, Gray resolved his case with a peace bond against his former sex partner.

She said that the plaintiff in this particular case is most likely to take the right step by refusing to testify

“I understand her feeling that it would be harmful to do this process again. It’s probably the best decision she’s ever made,” said Gray, who is now a post-doc fellow at the University of Calgary Cumming School of Medicine. . She wrote a dissertation on men who are suing for sexual assault.

“She is incredibly brave to do this while working for the police.”

In another high-profile Ontario case, two doctors were acquitted after being accused of drugging and sexually assaulting a 23-year-old medical student in 2014. The plaintiff in that case refused to testify against the same men at a College of Physicians and Surgeons disciplinary proceedings in 2017, which led to the cancellation of this hearing.

“The process has been grueling and has had a significant detrimental effect on Ms. X,” said college attorney Carolyn Silver as he read a letter filed by the complainant.

‘A long, difficult ordeal’

It happened the same year that the three police officers from 51 Division Toronto were acquitted of their charges. The complainant, who cannot be legally identified, testified that she was either so drunk or stunned that she was unable to resist.

In her judgment, Ontario Superior Court Judge Anne Molloy found the woman’s testimony to be inconsistent and at times improbable. Her account was also contradicted by hotel surveillance video where she appears stable on her feet, laughing and chatting. Evidence from a toxicologist also undermined the complainant’s attitude towards her ability to give consent.

Molloy said the witness could have produced a report of going up to the Yonge Street strip bar with the accused when evidence revealed they were sharing a taxi to the club.

“If she’s reconstructed a false memory of going to the Messingbanen, how can I know that she did not do the same in terms of her behavior at the hotel afterwards? If she’s lied about the taxi ride to the Messingbanen, how do I trust , that she’s told the truth about what happened in the hotel room? ” said Molloy.

David Butt, who represented Mandi Gray, said he prepared her and many others who identify themselves as survivors and complain of sexual assault in criminal cases in Ontario. He said in an interview that he explains to the complainants that they are losing control of the conduct of the case to the police and the Crown.

“The trial process is a long, difficult ordeal that can be retraumatizing,” Butt said.

“And reasonable doubt may mean that the accused can be acquitted, even if the judge thinks that what you are saying is probably true. It is difficult for people to wrap their heads about it.”

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