A former Calgary competitive swimmer, facing substantial prison time for sexual assault, has appealed his conviction.
Chad Bobrosky is a multiple medal winner who represented Canada at the 2011 World Junior Championships.
He was also an all-American swimmer when he attended the University of Southern California.
Last year, Bobrosky was convicted of sexual assault for an encounter that took place in 2018 at Bobrosky’s Calgary apartment.
The trial judge said the assault involved sadism and repeated attacks with an intent to injure.
He was sentenced to four and a half years in a federal institution, but is currently free on bail, pending the results of this appeal.
Bobrosky’s lawyer, Peter Sankoff, says this trial was full of errors.
“We have four grounds to show why this trial went off the rails and must be reversed,” Sankoff told court.
The biggest issue for Bobrosky’s defence team is use of a 53-second video during the trial.
The video clip shows Bobrosky and the complainant engaged in sexual activity.
The defence claims the complainant’s behaviour in that video contradicts her claims of assault.
Senkoff argued the trial judge erred when he allowed that video to be introduced as evidence, but refused to allow the complainant to be cross-examined about the video, or the history of the sexual relationship between Bobrosky and the woman.
”That video has force because of how strongly it contradicts the complainant’s version of events” Sankoff told the three justices hearing the appeal.
The Crown rejects the assertion that the trial judge erred.
The panel hearing the case has reserved decision.