← More Sexual Assault, Domestic Assault, and Other Violent Crimes success stories

M.F. found not guilty following a trial on charges of Sexual Assault, Sexual Interference, and Invitation to Sexual Touching in the Ontario Court of Justice, Brampton. M.F.’s daughter, the complainant, alleged that during a seven-year period her father sexually assaulted her at least 10 times per month in the family residence despite the presence of several other family members living regularly at the residence during the entire time. M.F., as a result, was charged with multiple sexual offences after the complainant disclosed the alleged incidents to a friend at school. Their conversation was overheard by a teacher and immediately reported to the police. Reliability and credibility were the central issues at trial. Mid-way during the trial, the complainant’s evidence became problematic as she admitted that she had made everything up and lied to the police about her father. Initially, the Crown was intent on proceeding and intended to rely on her original statement to the police after having the complainant declared a hostile witness. The matter was adjourned briefly to allow discussions between counsel. Michael Bury spent considerable time negotiating with the Crown and highlighting the obvious problems the Crown now had with the Complainant’s contradictory evidence. Applying the relevant legal principles, the trial judge found M.F. Not Guilty after the Crown invited the judge to dismiss the charges.