Provincial court Judge Gerry Meagher yesterday ruled there was no credence a mans’ claim he was groped by the accused.
The ruling came as a relief to the accused, defence lawyer Pat Fagan said.
“That’s been hanging over his head for more than two years now”, Fagan said.
“He’s happy as a clam”.
Meagher said it would be dangerous to convict the accused based on the testimony of the complainant, who can’t be identified.
The accused was convicted of the charge last year and handed a conditional sentence and probation in the Feb. 4, 2003 incident.
But the Alberta Court of Appeal over-turned that ruling and ordered a second trial.
Meagher agreed with Fagan that the alleged victim wasn’t a credible witness.
The man had alleged groped him over this clothing in the washroom and offered to perform a sex act on him.