Aug 09, 2017

By Bob Komsic

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Three Toronto police officers, charged with sexually assaulting a female parking enforcement officer, have been found not guilty.
In handing down her decision, Ontario Superior Court Justice Anne Molloy said she found the complainant’s testimony inconsistent and implausible at times.
(Nyznik, Cabero, Kara, left to right / CBC)
Leslie Nyznik, Joshua Cabero and Sameer Kara were accused of having non-consenual sex with the woman at a downtown hotel in January 2015.
Her identity is protected by a publication ban.
She testified to having several drinks during the course of that night, that her memory was spotty and that she felt powerless and unable to move or speak when the three men had sex with her against her wishes.
But the judge said, ”I cannot be sure what happened in that hotel room,” explaining the crown had failed to prove beyond a reasonable doubt that the complainant did not consent or was incapable of consenting.
The judge also pointed to security video footage which showed her walking normally into the hotel while talking with two of the accused officers.
”Her symptoms are inconsistent with objective video footage.”
Lawyer Harry Black, who represented Constable Leslie Nyznik, says the decision means his client’s ”vindicated.”
Mike McCormack, president of the Toronto Police Association, says ”the judgment speaks for itself.”
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