The Queen v. D.(S.) 2020

 

The client was charged with sexual assault and sexual interference after the daughter of his long time girlfriend told police that during her summer trip the prior year to visit her mother and the client, the client had fondled her body in a sexual manner.  The defence entered a not guilty plea.  At trial, Mr. van der Walle was able to establish that the young girl had a pre-existing animus towards the client because she viewed the client as being the reason her mother had divorced her father.  After a very careful and probing cross examination it became apparent that the young complainant was unable to maintain  consistent version of events and by her own admission had “hated the guts” of the client long before she had ever come out to visit that summer.  After hearing from all witnesses who gave testimony, including the client , the trial judge  acquitted the client of all charges .  The judge  went the “extra mile” and said she acquitted the client because she believed that he was innocent, not that she merely had a reasonable doubt about his guilty.