An HIV-positive man convicted of sexual assault has been granted a new trial after Ontario’s top court ruled that the conduct of a juror who discussed the case on the radio created a reasonable apprehension of bias.
Joshua Dowholis was convicted of three counts of sexual assault and two counts of forcible confinement in September 2013.
The charges stemmed from complaints filed by four males he met at a bathhouse in Toronto. He was acquitted of a fourth sexual assault charge.
In his appeal, Dowholis argued that the fairness or appearance of fairness of his trial was undermined by the conduct of the jury foreperson, who participated in radio broadcasts discussing the trial.
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The juror was a producer of a radio program called “The Dean Blundell Show” – a so-called “shock jock” show on Toronto’s 102.1 The Edge where opinions were expressed in a deliberately provocative way.
Justice Mary Lou Benotto at Ontario’s Court of Appeal found that in an on-air conversation during the trial, the juror made derogatory comments about sexual activity between men and mocked the juror’s oath.
The juror also appeared on the show after the trial ended and more “derisive comments” were made.
Benotto found that the juror ignored the trial judge’s instructions not to discuss the case or deliberations, “publicly demeaned and ridiculed” Dowholis and the complainants, condemned their lifestyle and sexual practices and demonstrated a lack of respect for the justice system.
Global News and Toronto’s 102.1 The Edge are part of Corus Entertainment Inc.
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