Appeal of Halifax cab driver’s acquittal moving ahead as legal documents served: Crown
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.
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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
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.
-With files from Richard Dooley, Global News
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