Her Majesty the Queen v. D.A.I. – May 17, 2011
This appeal deals with the exclusion of testimony from witnesses with mentally disabilities.
D.A.I. was acquitted of sexually assaulting a developmentally disabled woman, who was 19 years old at the time of the alleged assault. The complainant K.B. has the cognitive capabilities of a three to six year old child. D.A.I. had lived in Ottawa with K.B.’s mother, K.B. and her sister from 2000 to 2004.
D.A.I. was also charged with sexual assault and sexual interference against two other complainants with disabilities. S.M. and T.M. were sisters and were between the ages of five and eight. D.A.I. was found not guilty of all charges. The Crown is only appealing the acquittal involving K.B.
The trial judge ruled that the complainant K.B. was not competent to testify and that her statements to her teacher and to the police were inadmissible.