Maj.-Gen. Dany Fortin acquitted of sexual assault
CBC
Quebec judge Richard Meredith has acquitted Maj.-Gen. Dany Fortin — the senior military commander who once led Canada's vaccine rollout — of one count of sexual assault stemming from an allegation dating back more than 30 years.
On Monday, Meredith said he was not convinced beyond a reasonable doubt that Fortin was the culprit in this case.
"I am so relieved by the judge's decision today," Fortin told reporters outside the courtroom. "I did not do what I was accused of. Did not."
The complainant said she was "100 per cent without a doubt" that it was Fortin who sexually assaulted her in 1988 while they both attended the Royal Military College in Saint-Jean-sur-Richelieu, Que. Her identity is protected under a court-ordered publication ban.
The judge said he believes the complainant was sexually assaulted but wasn't convinced beyond a reasonable doubt that the assailant was Fortin.
Meredith said the court can't expect a complainant to remember everything but there were significant contradictions in her testimony.
WATCH | 'I am not guilty and I am innocent:' Maj.-Gen. Dany Fortin
For example, the complainant told military police investigators that Fortin spoke during the alleged incident and she recognized his voice. While testifying during the trial, however, the complainant said he didn't speak.
The complainant also said she recognized Fortin during the assault because they were together daily. The court concluded they were not together every day.
The judge said the evidence showed that, at the time, about 90 per cent of students at the Royal Military College were men.
He said the complainant described an assailant who had the same build, hair colour and haircut as many people and offered no specific identifiable features.
The complainant also testified that light from the parking lot was shining into her room during the assault. Fortin had maps of the parking lot and campus that showed the lights were not as close as the complainant remembered, and suggested the lighting could have been fainter and not ideal for recognizing someone, the judge said.
Meredith said that while he believes the complainant was assaulted and her testimony was sincere, she had to show beyond a reasonable doubt that it was Fortin.
The judge said Fortin claimed he had never set foot in the complainant's room. His testimony was clear and consistent, he added.
