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Charges of Sexual Assault and Sexual Exploitation withdrawn at trial. The complainant alleged that she was inappropriately touched and kissed by D.K. during a tutoring session. Defence lawyer Joseph Neuberger obtained a statement from another student who was also present at the time of the alleged assault. The witness contradicted the evidence of the complainant. In addition, Defence lawyer Joseph Neuberger had the class and office area photographed. The entire space was less than 400 square feet. There was a large window between the office and the class room with a clear view into the classroom. The complainant’s mother was also present, seated in the office area, only a few steps away from where the complainant was working and allegedly assaulted. D.K. had been operating the business for over 14 years with absolutely no other complaints. At trial the Crown determined, based upon all the evidence and a number of relevant factors, that there was no reasonable prospect of conviction and the charges were withdrawn.