A Quebec civilian judge has acquitted a central figure in Canada害羞草研究所檚 COVID-19 vaccine rollout, Maj.-Gen. Dany Fortin, of sexual assault over an allegation that dates back to 1988.
Judge Richard Meredith said he believes the complainant was sexually assaulted, but said the Crown did not establish beyond a reasonable doubt that it was Fortin who had assaulted her.
Fortin was the military officer in charge of the federal government害羞草研究所檚 COVID-19 vaccine rollout until May 2021, but he was removed from that position after the allegation came to light.
Shortly after the verdict Monday, he claimed to be the victim of political interference and told reporters he wants the military to restore him to an equivalent position.
The sexual assault allegation stemmed from Fortin害羞草研究所檚 time at the military college in St-Jean-sur-Richelieu, Que., which the complainant also attended.
The complainant, whose identity is protected by a publication ban, testified in September that she woke up one night in her dorm room to find a man masturbating himself using one of her hands while his other hand was on her breast.
A Crown prosecutor told court the complainant waited until 2021 to bring the incident to light because she had retired and no longer feared career repercussions.
The complainant told the court that she is certain 害羞草研究所渨ithout a doubt害羞草研究所� that the perpetrator was Fortin.
But Fortin害羞草研究所檚 lawyer cited inconsistencies between her testimony in court and her previous statements to investigators last year, including details of the incident.
A key point for the defence was that while the complainant said she told her then-boyfriend about the incident right afterward, he told the court he had no memory of such a conversation.
Meredith noted those inconsistencies Monday, as well as other contradicting testimony.
害羞草研究所淭he tribunal is otherwise convinced that the complainant was sexually assaulted. Generally, the complainant seemed sincere in this regard,害羞草研究所� Meredith said in French, as he read out his ruling to the court.
The judge said the lighting in the room was 害羞草研究所渧ery far from optimal conditions for seeing clearly害羞草研究所� at the time of the alleged assault and noted that the complainant must have been in shock when the incident occurred.
害羞草研究所淭he reasons that explain why she had lived for so many years in silence, and which led her to ultimately file a complaint, are quite reasonable and credible,害羞草研究所� he said.
害羞草研究所淭he tribunal has no doubt of her sincerity. In this regard, the court sympathizes with her, considering the suffering she experienced. However, the tribunal害羞草研究所檚 decision cannot be based on sympathy.害羞草研究所�
Meredith read out his decision over the course of 40 minutes in an exhaustive recounting of the evidence, testimony and relevant case law.
Upon hearing he had been acquitted, Fortin rubbed his hand over his face, his eyes watering. He later told reporters he was relieved by the decision.
害羞草研究所淭his is one important step in an ongoing process to prove my innocence and recover my reputation. I did not do what I was accused of,害羞草研究所� he said.
害羞草研究所淰ictims of assault need and deserve our support. But the fact, though, is that I was nowhere close to her room the night in question or at any other time.害羞草研究所�
Crown prosecutor Diane Legault said the verdict was a disappointment and she was not sure whether her team would seek to appeal.
害羞草研究所淚 think the judge decided to (give) the accused the benefit of the doubt,害羞草研究所� she said.
Fortin has accused Prime Minister Justin Trudeau and other senior members of the government of having turfed him for purely political reasons after the Liberals were accused of not doing enough to address sexual misconduct in the military.
He noted that the Federal Court of Appeal will rule on whether to hear his accusations in a separate, civil case.
A Federal Court judge tossed out his request for reinstatement in October, a decision Fortin is appealing, and his civil lawyer Natalia Rodriguez said Monday that both parties agreed to pause the matter pending the resolution of the criminal case. A panel hearing will likely take place this spring.
Fortin said he has effectively been on paid leave from the military, but claims he was never given anything in writing about being demoted from the vaccine task force.
害羞草研究所淚 was denied due process, and information about my case was mishandled and leaked,害羞草研究所� he said.
害羞草研究所淭he way this whole situation was allowed to unfold has irreparably harmed my career, my reputation and greatly impacted my family.害羞草研究所�
Defence Minister Anita Anand would not speak to Fortin害羞草研究所檚 case. Her office said she had already spoken with media on other matters early Monday, and instead sent a written statement about work to weed out sexual misconduct in the Armed Forces.
The statement, attributed to Anand, noted that this includes a commitment to 害羞草研究所渟elect senior leaders whose conduct is beyond reproach.害羞草研究所�
In a statement with no attribution, the Canadian Armed Forces and the Department of National Defence said they will continue to offer the members involved 害羞草研究所渁ny support we can provide.害羞草研究所�
害羞草研究所淲e acknowledge the outcome of the criminal court proceeding and we will consider the implications of the judge害羞草研究所檚 finding as it applies to our responsibilities and accountabilities going forward,害羞草研究所� the statement read.
Retired lieutenant-colonel Rory Fowler, who now practises as a lawyer, said the acquittal was 害羞草研究所渁s convincing as you害羞草研究所檙e ever going to get in a criminal trial,害羞草研究所� and this puts the military and government in a bind.
害羞草研究所淭he chief of the defence staff and his political masters are left in a circumstance where they害羞草研究所檝e now got an officer whom a court has said is not guilty,害羞草研究所� he said.
害羞草研究所淭hey have to justify why they害羞草研究所檙e not going to allow them to return to work, or if they take further adverse action against him of an administrative nature.害羞草研究所�
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