A Halifax-area navy sailor convicted of sexually assaulting a woman he met over Facebook has won a new trial because of ineffective legal representation.
The Nova Scotia Court of Appeal overturned Paul Simpson’s conviction, saying his trial would not inspire public confidence in the criminal justice system and noting the Crown itself conceded the appeal.
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The appeal judges also ordered that Simpson, who was sentenced to three years in jail, should be released pending a new trial.
They said Simpson’s lawyer, Laura McCarthy, did not appear to give effective, dedicated representation, noting she caused several delays and did not diligently prepare him to testify.
Simpson had never met the woman before inviting her to a 2013 New Year’s Eve party at his house over Facebook.
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The 43-year-old leading seaman is accused of assaulting her on their second date, on Feb. 23, 2014.
The provincial court judge who convicted him last June said the two had some consensual activity on both dates, but she told him she would not have intercourse that night, and repeatedly told him no before he forced himself on her.