Print story here, plus Sun News discussion of case here (video).
'Prosecutors are appealing a not guilty verdict in a case of domestic sexual assault after the investigating officer reported that the Ottawa trial judge created an online dating profile to research the alleged victim.
In an affidavit filed in court, Const. Erin Lehman detailed how Ontario Superior Court Justice Timothy Ray allegedly invited her to his private chambers after his ruling on Dec. 18, 2013, to discuss her investigation.
Ray allegedly said he created a profile on match.com, posing as a 25-year-old gay man. He suggested that the defence "would have been able to hang the victim with all the available information," according to the affidavit.
The alleged victim testified behind a screen during the trial, which shielded her from seeing others in the courtroom but allowed others, including the accused, to see her.
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At some point Justice Ray stated that he was not sure if he was supposed to be talking to me like this but that his decision had already been made and was heard," Lehman wrote.
Ray found the accused not guilty of sexual assault, forcible confinement and possession of a weapon for a dangerous purpose, but found him guilty of assault. The accused cannot be named in order to protect the identity of the alleged victim.
Lehman reported her conversation to the Crown after leaving the judge's chambers.
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"This is a case where very serious issues have been raised; issues that go to the heart of trial fairness," the ruling detailed.
The Court of Appeal ruled that the credibility of the complainant had been an issue at trial.