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Rex v. A.K. (2023)

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Client found factually innocent of sexual assault and assault after two-day trial in the Ontario Court of Justice, Scarborough. The client was found not only not guilty, but the Court believed the testimony of A.K. that he did NOT sexually assault the complainant or assault her and specifically disbelieved the complainant. This is an important case to note that with proper analysis and preparation the truth can prevail. A.K. was a licenced technician who repairs dental equipment. He was called on an emergency to attend a dental office to repair a dental chair so that the office could operate and would not have to cancel patients. A.K. attended and the office receptionist showed him the chair and after inspection it turned out the receptionist had tampered with a critical part of the chair. A.K. told the complainant that he would have to advise the dentist office owner that a new part will need to be ordered and there may be other damage. There was an argument about the complainant feeling A.K. would wind up getting her fired. He left. The complainant about an hour later made a complaint to the office manager alleging sex assault and then went to police. A.K. was charged. He retained Joseph Neuberger of Neuberger & Partners LLP, Criminal Lawyers, to defend the charges. Joseph Neuberger went in depth with the client about what happened and prepared the client to testify and drafted a detailed cross-examination of the complainant. Joseph Neuberger was able through cross-examination to establish the complainant fabricated the allegations and the client was found not guilty of sexual assault and assault. As noted above the client was found by the Court to be factually innocent.

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