N.L. man not guilty of sex charges, judge cites inadequate police investigation

A Royal Newfoundland Constabulary police car is shown in St. John's in a June 2020 photo. THE CANADIAN PRESS/Sarah Smellie

ST. JOHN'S, N.L. — A Newfoundland and Labrador judge has acquitted a man of six crimes, including sexual assault and sexual interference, citing inadequacies in the investigation by the Royal Newfoundland Constabulary.

In a decision released Friday, Supreme Court Justice Glen Noel said he was also concerned about a lack of corroborating evidence to support the charges against Yosief Tesfamicael.

Noel acknowledged that his verdict may "re-traumatize" and "re-victimize" the complainant, who was a minor at the time of the alleged incidents.

His written decision says the burden of proof fell to Crown prosecutors, who he said ultimately failed to convince him of their case against Tesfamicael beyond a reasonable doubt.

Noel said police did not try to untangle a confused timeline of events reported by the complainant, and did not try to recover images allegedly sent by Tesfamicael to the complainant's phone.

The government had awarded Tesfamicael the province's first licence to operate a ride-hailing company, though it said days later the licence was revoked after local news outlet VOCM reported on the charges.

This report by The Canadian Press was first published Dec. 2, 2024.

The Canadian Press

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