March 14, 2017 3:21 pm
Updated: March 14, 2017 3:49 pm

Appeal of Halifax cab driver’s acquittal moving ahead as legal documents served: Crown

Bassam Al-Rawi appears in Halifax Provincial Court in February.

Jeff Harper/Metro Halifax
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The Nova Scotia Public Prosecution Service says it is moving ahead with its appeal of the acquittal of Bassam Al-Rawi.

Al-Rawi, a former cab driver, was found not guilty earlier this month of sexually assaulting a drunk female passenger in his cab in May 2015.

WATCH:Protesters of Halifax cab driver’s acquittal call for justice for sex assault victims

The Public Prosecution Service confirms to Global News that they have served the 40-year-old with legal documents which will move the appeal process along.

The Crown has said it will appeal the ruling, reported first by Metro Halifax, in which Lehenan said “clearly a drunk can consent,” on the following grounds:

  • the judge erred in law in holding the Crown had adduced no evidence of lack of consent on the part of the complainant
  • the judge erred in law by engaging in speculation on the issue of consent rather than drawing inferences from the facts proven in the evidence
  • the erred in law by failing to give proper legal effect to the facts found by him
  • the judge erred in law in his interpretation and application of the test for capacity to consent
  • the judge erred in law by failing to direct himself on the provisions of section 273.1 of the criminal code
  • the judge erred in law by failing to determine whether the accused had taken all reasonable steps to ascertain that the complainant was consenting
  • such other grounds of appeal as may appear from a review of the record under appeal

READ: Halifax taxi driver acquitted of sex assault investigated for similar offence in 2012: warrant

The Halifax Regional Municipality has also confirmed that Al-Rawi’s cab licence has expired and he hasn’t applied for a renewal.

According to the municipality, he can apply again but if an applicant is not deemed fit and proper to drive a cab, the licence will be denied.

READ MORE: Halifax investigates taxi licence process after driver acquitted of sex assault: ‘Women are scared’

-With files from Richard Dooley, Global News

© 2017 Global News, a division of Corus Entertainment Inc.

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