Regina v. D.S.N. [Provincial Court – January 2014]

DSN was a professional musician with business interests north and south of the border. At the end of a “gig” one night he accepted an invitation to be photographed along with the alcohol fueled party attendants. DSN posed for a group photograph, gathered up his musical equipments and called it a night.

Three days later a woman standing behind DSN in the group photograph accused him of reaching back and stroking her vagina. When approached by the police DSN (who had never been in trouble with the police before) vehemently denied touching the complainant but, true to form, he was arrested and charged with sexual assault. A plea of not guilty was entered and the matter scheduled for trial.

Bottom Line: On the verge of trial proceedings the complainant had a change of heart with respect to the circumstances surrounding the taking of the group photo. Patrick Fagan was successful in having all charges completely withdrawn.