CALGARY — A man who was tried for a second time after a judge made controversial comments at the original trial has again been found not guilty of sexual assault.
Alexander Wagar, 29, smiled after the verdict Tuesday and yelled "yeah" as he left the Calgary courtroom.
Wager was acquitted in 2014 by Judge Robin Camp, who ruled Wagar was a more credible witness than the 19-year-old woman making the allegation. Camp called the woman "the accused" throughout that trial and asked her why she couldn't keep her knees together.
The Alberta Court of Appeal overturned the acquittal and ordered a new trial.
Judge: complainant has 'credibility issue'
The judge hearing the retrial, Justice Gerry LeGrandeur, said after considering the testimony of both the woman and the accused, he was left with reasonable doubt that a sexual assault happened.
LeGrandeur said the case has drawn a lot of public interest and sympathy, but the Crown had not proven the charge.
He said the complainant continually said she didn't remember events and that "raises a serious credibility issue."
LeGrandeur said Wagar, on the other hand, was candid and the judge did not consider his testimony to be "incredible or implausible."
Camp is now a Federal Court judge and the Canadian Judicial Council is deciding whether to recommend he be removed from the bench.
Wagar's lawyer said in his closing arguments that there was evasiveness in the complainant's testimony. Pat Flynn called it a "consensual sex act between two young adults'' and it was only afterward that the woman changed her mind.
"To be honest with the court, this is almost a buyer's remorse type of situation."
Crown prosecutor Janice Walsh said the defence brought forward an outdated version of a "woman scorned."
"That rape myth and stereotype — a woman who has engaged in sexual conduct would then become a vengeful or vindictive liar," she said in her closing arguments.
Alexander Wagar, 29, smiled after the verdict Tuesday and yelled "yeah" as he left the Calgary courtroom.
Wager was acquitted in 2014 by Judge Robin Camp, who ruled Wagar was a more credible witness than the 19-year-old woman making the allegation. Camp called the woman "the accused" throughout that trial and asked her why she couldn't keep her knees together.
The Alberta Court of Appeal overturned the acquittal and ordered a new trial.
Judge: complainant has 'credibility issue'
The judge hearing the retrial, Justice Gerry LeGrandeur, said after considering the testimony of both the woman and the accused, he was left with reasonable doubt that a sexual assault happened.
LeGrandeur said the case has drawn a lot of public interest and sympathy, but the Crown had not proven the charge.
He said the complainant continually said she didn't remember events and that "raises a serious credibility issue."
LeGrandeur said Wagar, on the other hand, was candid and the judge did not consider his testimony to be "incredible or implausible."
Camp is now a Federal Court judge and the Canadian Judicial Council is deciding whether to recommend he be removed from the bench.
"To be honest with the court, this is almost a buyer's remorse type of situation."
Wagar's lawyer said in his closing arguments that there was evasiveness in the complainant's testimony. Pat Flynn called it a "consensual sex act between two young adults'' and it was only afterward that the woman changed her mind.
"To be honest with the court, this is almost a buyer's remorse type of situation."
Crown prosecutor Janice Walsh said the defence brought forward an outdated version of a "woman scorned."
"That rape myth and stereotype — a woman who has engaged in sexual conduct would then become a vengeful or vindictive liar," she said in her closing arguments.
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