One of the two men sentenced to nine years in prison for sexually assaulting and drugging a 24-year-old woman in a Toronto bar has been released on bail and will likely receive a new trial.
The former owner of the College Street Bar, Gavin MacMillan, 44, and former manager Enzo De Jesus Carrasco, 34, were sentenced on Feb. 12 for gang sex assault and drugging the victim.
On the same day, MacMillan’s lawyer filed an appeal stating that new jury-selection procedures implemented by the Liberal Government shouldn’t have been used as his case predated the change.
Court of Appeal Justice James MacPherson, who described the offences as “appalling,” said MacMillan’s application for appeal is “beyond strong” and “borders on certainty.”
“The applicant’s treatment of the complainant — captured on camera — was violent, degrading and prolonged,” said MacPherson, later acknowledging how unusual the strength of MacMillan’s bail application was.
“The jury selection process in the applicant’s trial was, therefore, defective. His appeal will likely be allowed and a new trial will likely be ordered,” he said.
Macmillian will be on strict house arrest awaiting his trial. A date has yet to be set.