Judge used dating website to look into sex assault complainant: Crown

OTTAWA — Prosecutors are trying to overturn a not-guilty verdict from an Ottawa judge who created a fake online dating profile and used it to find what he considered negative information about an alleged sexual assault victim.

Ontario Superior Court Justice Timothy Ray’s work is being scrutinized after he found an Ottawa man not guilty of sexually assaulting and forcibly confining his wife, then had what the Crown is characterizing as an improper meeting with a detective who worked on the case.

In an affidavit filed in court, Ottawa police Det. Erin Lehman said the judge invited her to his chambers after finding the man not guilty to ask if she had checked the online dating website match.com as part of her investigation.

When Lehman said no, Ray told her he had gone online himself the night before delivering his verdict and created a fake profile where he pretended to be a 25-year-old gay male, according to Lehman’s statement.

He then told her that if the man’s lawyer had done the same thing, “she would have been able to ‘hang’ the victim with all the available information,” Lehman wrote.

The judge and Lehman then discussed the verdict, evidence that wasn’t presented at trial and the complainant before the judge told Lehman that she had been “a bright happy face in a normally sombre crowd.”

The conversation concluded with Ray telling Lehman it would “be nice” to have lunch or coffee with her one day.

The detective responded by saying that she was almost always at the courthouse.

They walked out of chambers together, and, after making some more small talk, she wished him a Merry Christmas.

The detective then went directly to the Crown’s office and reported the conversation.

Lehman said the meeting with Ray occurred after a bailiff approached her and quietly said Ray had asked the bailiff to discreetly ask Lehman to meet in his chambers once the trial was over.

Ray found the man not guilty of sexual assault, forcible confinement and possession of a knife for a dangerous purpose.

He was convicted of the lesser charge of simple assault and pleaded guilty to two counts of breaching a recognizance.

In his decision, Ray said he found the “evasive” complainant “didn’t give me the impression that she was in any way an abused woman” and didn’t believe much of her evidence. Ray added that he wondered if the woman’s testimony from behind a screen and help from a support worker were “props” designed to “engage sympathy.”

The Crown alleged in court documents that the private meeting between the judge and the detective was improper and “give rise to the perception that the trial judge’s impartiality is compromised.”

“This was a serious case of alleged sexual assault, threatening with a knife and forcible confinement in a domestic context,” the Crown wrote.

“The case turned on the credibility of the complainant,” wrote the Crown. “There is evidence to suggest that before (Ray) released his reasons for acquitting, he had gone online to a website where he knew there to be information about the complainant and had learned information about her that he found undermined her credibility.”

Earlier this week, the Ontario Court of Appeal granted the Crown an extension of time to file an appeal of the acquittals. The Crown had missed the deadline to file the appeals, believing that they could seek a mistrial.

“This is a case where very serious issues have been raised; issues that go to the heart of trial fairness,” according to the Court of Appeal decision.

The man’s lawyer, Celine Dostaler, argued there was no apprehension of bias at the court of appeal. The complainant’s teenage daughter offered a version of events that was the opposite of the mother’s version, Dostaler said.

“(Ray) didn’t consider what he would have found online in his own research when forming his decision,” she argued.

The Crown is still asking Ray to declare a mistrial on the assault and breach convictions.

The case is expected to return to court for the mistrial application on March 19.

aseymour@ottawacitizen.com

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