TORONTO – One of three Toronto police officers accused of sexually assaulting a female colleague told a court on Friday that it was the woman’s idea to go back to the men’s hotel room and initiate sex after a night of partying and drinking.
Const. Leslie Nyznik said the woman didn’t appear intoxicated during the night and instigated sex and oral sex with all three officers. He also said that the complainant told four officers in a taxi ride to a strip joint that she hadn’t had “good sex” in a while.
Nyznik and fellow officers Joshua Cabero and Sameer Kara have pleaded not guilty in connection with the alleged incident on Jan. 17, 2015.
Court has previously heard that Kara was so drunk he had to be taken back to his hotel room around 10 p.m. while the others went off to a strip club.
Nyznik said the sexual talk continued at the Brass Rail, where he told a stripper that their group was an “adult film crew” from Miami and asked her if she would come to the hotel for an audition later.
“I said jokingly to (the complainant) ‘maybe you can be so kind to film this’ and we can show Mr. Kara because he was asleep,” Nyznik said.
“She said, ‘why do I have to be the one to film it, why can’t I join in?”‘
Nyznik said the complainant then told him she wanted to go back to the hotel room and have sex with both Nyznik and Cabero at once.
“I said, ‘OK, really?’ and I sat back in my chair and I laughed,” Nyznik testified at the judge-only trial.
Around midnight, the group of five, which included the complainant, Nyznik, Cabero and two other officers, left the strip club. Nyznik said he and Cabero were going back to the hotel, and the woman surprised them by jumping into their cab.
Back at the Westin Harbour Castle, Nyznik described a lurid scene where he said the complainant initiated oral sex with him and intercourse with Cabero and later instigated sex with Kara, who by then had awoken.
“There was full consent,” Nyznik said.
The woman – a parking enforcement officer whose identity is protected by a publication ban – has testified that she had several drinks during the course of the night and felt powerless and unable to move or speak when the three men had sex with her against her wishes.
Nyznik denied her state of intoxication.
“She was completely normal, there was nothing wrong with her,” Nyznik said.
She also testified that she believed she was drugged at some point, but didn’t know when, where, how or by whom. Nyznik denied drugging her.
During cross-examination, Crown attorney Philip Perlmutter offered his theory on the events of the night, suggesting Nyznik was “desperate for sex” after having been turned down by a former girlfriend earlier in the night and lying to a stripper to lure her back to the hotel room.
So, the Crown suggested, Nyznik turned his sights on the intoxicated complainant.
Nyznik admitted he struck out with his former lover and admitted to lying to the stripper about being with an adult film crew, but said the stripper never came to the hotel room and denied he was desperate for sex.
He maintained the sex with the complainant was consensual.
Under Crown questioning, Nyznik also detailed a night of heavy drinking that had begun back at the hotel room around 3 p.m.
He said he brought about 30 miniature bottles of liquor to the room for him and Kara. He downed a shot of Jagermeister with Kara and, over the course of nearly three hours, he said he had three shots of vodka mixed with the energy drink, Red Bull.
Then it was on to the first bar where he said he had four drinks, and at the next bar he had a shot and two more drinks. He said he finished the night at the strip club with a glass of water.
Nyznik completed his testimony Friday afternoon and his lawyer said he intends to call two witnesses on Monday.