The Nova Scotia Court of Appeal has ordered a new trial for Bassam Al-Rawi, a cab driver who was acquitted of sexually assaulting a passenger.
The three-justice panel released their decision on Wednesday.
Al-Rawi was found not guilty in March 2017 when Judge Gregory Lenehan said there was no proof beyond a reasonable doubt, that the passenger did not give consent. In acquitting Al-Rawi, Lenehan said “clearly a drunk can consent.”
The appeal panel said Lenehan erred when he concluded there was no evidence of consent.
The Court of Appeal heard the case in November.