"after reviewing the evidence related to the attempt rape charge connected to the third complainant to testify, "it does fall short" in terms of meeting the standard of proof beyond a reasonable doubt."
"The third complainant had testified that she had agreed to go back to Stronach's midtown Toronto apartment following dinner with him at his restaurant, Rooney's. Once there, she alleged that Stronach pushed her over the arm of a chair in his apartment, lifted up her skirt and tried to rape her."
"A directed verdict allows a judge to come to the determination that no jury properly instructed could ever convict on that count."
Frank Stronach's sexual assault trial has been reduced from 12 charges to 9 after Ontario Superior Court Justice Anne Molloy indicated she would enter not guilty verdicts on three counts. The Crown prosecutor withdrew the attempted rape charge related to the third complainant, stating the evidence fell short of meeting the beyond reasonable doubt standard. The decision followed a defense argument for a directed verdict, with Stronach's lawyer contending the 1977 alleged incident did not meet the definition of attempted rape under the previous Criminal Code version. The complainant had testified that Stronach pushed her over a chair and attempted to rape her in his apartment, but she managed to leave. Although the attempted rape charge was dropped, Stronach still faces an indecent assault charge related to this complainant.
Read at www.cbc.ca
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