Three Toronto cops found not guilty of sexually assaulting parking enforcement officer

Toronto,Three Toronto police officers accused of sexually assaulting a female parking enforcement officer in January 2015 were acquitted in a Toronto court on Wednesday.
Ontario Superior Court Justice Anne Molloy found the three officers, Joshua Cabero, Leslie Nyznik, and Sameer Kara, not guilty of sexual assault after identifying issues with the “reliability” and “credibility” of the complainant’s testimony.
In a written decision released Wednesday, Molloy said she was unable to get a clear picture of whether the complainant, who cannot be identified under a court-ordered publication ban, consented to what occurred in the early morning hours of Jan. 17, 2015.The three accused, who are all members of the same Toronto Police Service division, and the complainant, who works as a parking enforcement officer, went out drinking at two bars and a strip club on the night of January 16, 2015. The outing was said to be part of a “rookie buy night.”
At the end of the night, the officers and the complainant ended up in a hotel room at the Westin Harbour Castle, which was rented by one of the officers.
It was there that the complainant alleges she was sexually assaulted by the three officers.
In her analysis of the evidence presented at trial, Molloy called the complainant’s testimony “problematic.”
“The question is not whether they (the officers) behaved admirably, or even ethically. The question is whether I am satisfied beyond a reasonable doubt that the Crown has discharged its onus of proving that the complainant did not consent to the sexual activity at issue or that she lacked the capacity to do so,” the decision said.
“Based on the complainant’s evidence, I cannot be sure about what happened in that hotel room. It is simply not safe to convict.”
The judge identified several areas where she said the complainant’s evidence was not strong enough to support a conviction, including inconsistencies with her testimony when reviewing video evidence, a toxicology report, text messages and the testimony of other witnesses.