WARNING: This story contains graphic content. Discretion is advised.
TORONTO – Three Toronto police officers sexually assaulted a parking enforcement officer two and a half years ago when they had non-consensual sex with the woman at a downtown hotel after a long night of partying, Crown prosecutors alleged Monday as a trial for the trio got underway.
Joshua Cabero, Leslie Nyznik, and Sameer Kara have all pleaded not guilty in connection with the alleged incident.
In opening arguments that highlighted the evidence expected in the case, Crown attorney Mabel Lai alleged the officers “variously engaged in intercourse and oral sex” between 12:20 a.m. and 3:30 a.m. on Jan. 17, 2015.
The accused and the complainant, who cannot be named due to a standard publication ban, had been out partying with others as part of a “rookie buy night” where rookie officers buy drinks for the veterans, Lai explained.
One of the officers, Nyznik, had booked a hotel room at the Westin Harbour Castle, Lai said.
All three accused officers began the night around 6 p.m. at a bar called the CC Lounge and Whisky Bar with other men, court heard. Sometime around 9 p.m., the female parking enforcement officer arrived at the bar, court heard.
The group then moved to a different bar, Pravda Vodka House, before one of the officers had to return to the hotel room because he had vomited, Lai said.
The two remaining male officers and the complainant later went to a strip club before ending up at the hotel around midnight, court heard.
There is agreement that all four were alone in the hotel room, according to admissions filed in court, the Crown said.
“The dispute is about what happened in that hotel room,” Lai told the court.
Det. Sgt. Jeffrey Attenborough, who began investigating nine days later when he received a complaint from the female parking officer, was called as the first witness at the trial.
He told court he visited the complainant at her home along with forensic officers who seized some of her clothing from the same night, including a bra and shirt that were sent to the Centre for Forensic Sciences.
Lai said DNA evidence that includes semen found in the complainant’s genital area and around her neck will be part of the Crown’s case.
The trial is taking place before a judge alone.