← More Recent Successes success stories

Client found not guilty of Sexual Assault after a seven-day jury trial, Toronto. M.A. was jointly charged with a friend after an evening at a pub with friends where he met a lady. The group returned to M.A.’s friend apartment where the two ladies came along. Everyone continued to enjoy the evening, and the complainant attended a bedroom with the co-accused. M.A. and another female went downstairs from the apartment and were having a smoke. A short while later a call was received with the complainant requesting her friend to come back to the apartment because she was “uncomfortable and wanted to go home”. Both M.A. and the lady with him attended the apartment and noticed the complainant and the co-accused were in a bedroom having sex. After the complainant and her friend left, the complainant went to police three days later and alleged a sexual assault with the co-accused and advised that M.A. had joined in when he came into the apartment and had manually touched her. M.A. was charged with Sexual Assault. Joseph Neuberger, Neuberger & Partners LLP, Toronto Criminal Lawyers, was retained to defend the charge. The statements of the complainants had material inconsistencies, but the second lady confirmed a fair amount of the evidence of the complainant. The matter proceeded to a jury trial, during which Joseph Neuberger carefully cross-examined the complainant and the witness raising issues of intoxication impacting their capacity to perceive and recall the alleged events, creating a material inconsistency in the version of the complainant such that she testified in cross-examination to three versions of how the sex assault of M.A. allegedly occurred, and evidence of the witness that in fact her statement to police was not accurate and she did not see what she said she witnessed eventually agreeing in cross-examination that all she saw was M.A. touch the outer knee area of the complainant and nothing more. M.A. was well prepared for trial and gave evidence at trial. Joseph Neuberger delivered a strong closing address to the jury and M.A. was found not guilty.