Dismissed — Sexual Assault — Police Report

Client:   Adam M., Accused
Complainant:   Michael E., husband of Adam's sister
Charge:   Sexual Assault, Criminal Code, s. 271

Police Report:   The Accused before the court resides in Spain. He is currently dying from Aids. During the month of February of 1998, the Accused flew over from Spain to visit his sister (Karen E.). The Accused, while staying in Toronto, rented an apartment on McCain Street in the City of Toronto.

A the end of February, the Accused's sister, Karen E., and her husband, the victim, went over to the Accused's apartment for a final dinner. While there, the victim, Michael E., passed out on the couch from drinking 6 or 7 double shots of vodka. The victim woke up approximately 2 hours later and found his shirt untucked from his pants. The victim and his wife then took the Accused to the airport to make his way back to Spain.

Approximately 6 days after this incident, the victim was sitting in his kitchen when his wife, Karen E., showed him a series of pictures. These pictures depicted the victim passed out and the Accused in sexual positions with the victim.

On the 24th of April 1998, a Criminal Code search warrant was executed on 5** Gerrard Street East in the City of Toronto. Upon execution of the warrant, the pictures were found in the possession of Karen E., and she later admitted to police that she took the photos. The pictures depict the Accused and the victim in sexual positions with the victim being unconscious.

On Sunday, the 13th of January 2002, the Accused was at Toronto International Airport at 2951 Convair Drive Mississauga and was checked out by immigration officials. Upon finding a warrant on file, the Peel Regional Police were notified, and attended and held the Accused who had just returned to Canada from Spain. Toronto Police attended at the airport at about 8:55 p.m. on the 13th of January 2002, and arrested the Accused on the outstanding warrant and transported him to 55 Division.

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