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Charge of Sexual Assault withdrawn prior to trial in Newmarket. M.S. was travelling on public transit when he sat down beside a female passenger. The female passenger felt M.S.’ hand touch her rear area for a few moments. As she got up to change seats, the complainant felt a grab of her rear area. She reported the incident and M.S. was charged with sexual assault. M.S. was interviewed and gave a somewhat inculpatory statement. M.S. did not retain Joseph Neuberger as his defence counsel until two years into the case. He had two previous counsel. Joseph Neuberger reviewed the evidence, and had extensive interviews with the client and his parents. M.S. was previously diagnosed with a form of Autism. Mr. Neuberger had the client undergo a psychological and psychiatric assessment to determine not only the diagnosis, but also his functional baseline in relation to the admissibility of his statement and other symptoms of his diagnosis that may have impacted on his conduct at the relevant time. The results determined that the diagnosis was still relevant and he was functioning below his age. In addition, M.S. has an unconscious habit of fidgeting and placing his hands under his legs when seated. Joseph Neuberger broke down the video surveillance from the public transit, and in fact the alleged touch while seated could in fact have been a result of this unconscious movement. The other alleged touching was not consistent with the video. Joseph Neuberger then disclosed the report, the chart and met with the Crown about the evidence at which time it was agreed that it was not in the public interest to prosecute. Accordingly the charge was withdrawn.