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Client found not guilty of two counts of sexual assault and 8 counts of sexual assault withdrawn. The client was accused of touching a female on a TTC train. The female took a picture of the male and when reported the same to police, the police did a press release and 9 other people came forward to allege similar assaults. Once full disclosure was provided, defence lawyer Joseph Neuberger, chartered out all of the statements and identification evidence to establish that there not only was tainting of identification as a result of the police’s press release but also many of the complainants gave descriptions that did not fit the client. Further, the Crown wanted to pursue a similar act application to show that the method of assault was similar through all of the counts and as such, there could be enough evidence of identification. However, defence lawyer Joseph Neuberger sought statistical data from the TTC about the frequency, numbers and details of sexual assaults on trains and/buses. Not surprisingly the rate was very high and showed that almost 90 per cent all involved the exact same method of assault and as such, there was no basis to a similar act application.