Windsor police officer not guilty of 4 counts of sexual assault

The "frailty" of some of the complainant's testimony and the lack of witnesses in the trial were two reasons the judge said she could not find Windsor police Staff Sgt. Ken Price committed sexual assault beyond a reasonable doubt.

Last week, Price was on trial on four counts of sexual assault. The complainant, whose identity is protected by a publication ban, was an employee with the southwestern Ontario police service and said those assaults happened at work.

Aside from Price and the complainant, nobody else was called to testify, even though she named officers who she said witnessed the alleged assaults between 2011 and 2015.

"I want to be clear about what I'm not finding," said Ontario Court Justice Jennifer Myers. "I'm not finding that [the complainant] lied. I find it highly likely that Mr. Price sexually harassed [the complainant].

"That's not what I'm here to decide."

Judge questions some of complainant's testimony

Even if he likely sexually assaulted the woman, Myers said, "that's not enough for me" to convict.

One allegation of sexual assault was when the complainant said Price grabbed her butt in an aggressive way at work. At the time, she said she was mid-conversation with another officer and didn't react at all.

"This evidence makes no sense to me," said Myers, adding that "instinctively, there would be a reaction."

The complainant also testified she went to see Price at the training branch to pick up 100 handcuff keys.

Myers said she had trouble believing that many handcuff keys would be so "loosely" given to a police employee.

"I have trouble accepting that evidence. To me, it just doesn't make sense."

Another alleged assault took place in Price's office when the complainant was asked to help him put on protective gear known as a FIST suit.

The complainant said Price forced her hand on his crotch, which wasn't covered by protective gear, while she was assisting him with the leg pieces.

But during the trial, the court was shown images of the FIST suit and Myers said it seemed "impossible" to wear the leg portion without it being attached to the mid-section.

"This assault simply couldn't have happened this way," said Myers. "This inconsistency is a major one."

For all of the reasons listed, Myers said, it made it difficult to accept the complainant's evidence as whole.

Officer's testimony 'unreliable and self-serving'

But at the same time, Myers also found Price's evidence to be "incredible, unreliable and self-serving."

"I have difficultly accepting his account of events," said Myers.

Crown attorney Nicolas de Montigny provided a brief statement outside court on Wednesday, saying his office has 30 days to determine if they intend to appeal the verdict.