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Rex v. D.A. (2024)

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Charges of Sexual Assault and Sexual Interference dismissed following four-day Superior Court trial, Toronto. D.A. was charged with three counts of sexual assault and three counts of sexual interference. The offences were alleged to have been committed against C.G., the complainant, in the spring and summer of 2011 when the complainant was 10 years old, and D.A. was in his late 30s. Much of the Crown case respecting the alleged offences was placed in evidence through a videotaped statement to the police given by C.G. on September 7, 2016, almost five years after the events of 2011, but shortly after her first reporting of her allegations to her mother. C.G. described three settings during the 2011 visits in which D.A. touched her in a sexual manner. At his first trial, D.A. did not testify based on the advice of other counsel and was found guilty by a jury. D.A. retained Neuberger & Partners LLP, Toronto Criminal Lawyers, to represent him on an appeal alleging ineffective assistance of counsel. Following the successful appeal, the Court of Appeal ordered a new trial. Michael Bury of Neuberger & Partners LLP represented D.A. on the second trial at which D.A. did testify at length. Following this contested trial which included an extensive cross-examination of the complainant, the trial judge found the accused not guilty on the basis that the Crown had not proven its case beyond a reasonable doubt despite the evidence of the complainant which the judge found to be credible. The comprehensive cross-examination of the complainant, together with the extensive preparation of D.A. resulted in a situation where the judge had sufficient reasonable doubt to acquit DA and find him not guilty as charged.

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