March 31, 2015
A University of Toronto architecture professor has been acquitted of sexually assaulting a 21-year-old woman in December 2011.
James Andrew Payne was accused of following the woman, an acquaintance, up to her apartment uninvited, forcibly removing her clothing, climbing on top of her and groping her as she screamed and pleaded with him to stop.
In the trial which began 18 months ago, the woman testified that Payne stopped after five minutes and before leaving said: “I don’t want to do anything you don’t want to do.”
The woman’s identity is covered by a publication ban.
Payne testified in his own defence that the encounter was consensual and that he stopped when she asked him to.
“I can’t do this, I’m too drunk,” he testified she said.
In her judgment, Justice Geraldine Sparrow said Payne’s consistent and unshaken testimony in light of three key flaws in the complainant’s testimony left her with reasonable doubt.
She said that she did not disbelieve the complainant, who also remained unshaken on the stand, but noted “somewhat troublesome” inconsistencies between her statement to police and her testimony at trial.
The complainant told police she was drunk at the time, but testified that she was just tired, Sparrow said. She also told police she was unsure how Payne got into the apartment, but testified at trial that she recalled leaving the building door ajar, but not caring because her boyfriend was coming over. Thirdly, she testified she did not review an account of the night written down by her friend and given to police, which contained some inconsistencies with her testimony.
Payne’s lawyer Stephen Stauffer told reporters an acquittal was the outcome they expected. A relieved-looking Payne declined to answer questions.
After the sexual assault charge was reported in the media in August 2013, Payne stopped teaching or being on the University of Toronto campus by “mutual agreement” with the university.
According to the Sunshine list, he earned $121,827 in 2014.
Payne still faces a second sexual assault charge in a case involving another woman. That trial is scheduled to begin in April.
Its' utterly amazing how every newspaper refuses to allow any comment on this case. Its also equally amazing and insulting to the fundamental principles of justice that this "accuser" aka "victim" can make the most serious of allegations and get away with it.
What is also amazing is the Judges "Justification" or what they call "reasons".
Judges habitually lie and fabricate. The Justice system wrongly assumes that Judges are next to god and cannot commit any crime and do not fabricate evidence in their decisions.
Ontario's judges habitually engage in what is called "the process of justification" which for their purposes means fabricating reasons to PREVENT an appeal.
Appeal courts give what is called "Deference" to determining "Credibility" which in Ontario means that what ever a female says is usually "believed" despite credibility evidence to the contrary.
Its not uncommon for a string of witnesses to be disbelieved by a judge if they contradict what a woman says in an allegation.
This is such a case where a judge claimed he did NOT disbelieve the woman when no sane normal objective man or woman would agree with him.
This means in Ontario we have "male sharia law" and its a good reason why men should NOT reside in the province of Ontario.
Ottawa Mens Centre