Crown appeals post-conviction mistrial in Frank Stronach sex assault case
· Toronto Sun
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Crown prosecutors are appealing a judge’s decision to declare a rare mistrial for a sexual assault conviction against billionaire businessman Frank Stronach.
Superior Court Justice Anne Molloy found the Canadian auto parts magnate guilty in June of sexual assault and a historical offence of indecent assault.
He was acquitted on 10 other charges which included rape allegations dating back to the 1970s.
Mistrial ruled last month
But on July 17, Molloy ruled a mistrial for the sex assault conviction after new evidence was brought forward by Leora Shemesh, Stronach’s defence lawyer, that apparently contradicted one alleged victim’s testimony.
“These are unusual circumstances,” Molloy said before declaring a mistrial. “I don’t see any way around this.”
That prompted the Crown to ask the Court of Appeal for Ontario this week to set aside Molloy’s decision and restore the conviction against Stronach.
Crown argues errors made by judge
“The trial judge erred by setting aside the verdict of guilt and declaring a mistrial based on inadmissible evidence,” states the notice of appeal, which was dated Aug. 18.
Prosecutors also argued in their grounds for appeal that the judge made an error in her ruling “by relying on communications she presumed were subject to solicitor client privilege without first determining whether an exception to privilege permitted their use.”
In addition, Molloy was arguably mistaken that she could not resolve credibility issues that came from the mistrial application by Stronach’s defence.
Seeking to restore guilty verdict
The Crown is seeking “the appeal be allowed, the order under appeal set aside, the verdict of guilt restored, and the matter remitted to the Superior Court of Justice for sentencing.”
Stronach, the 93-year-old married billionaire who founded auto parts manufacturer Magna, is scheduled to be sentenced for indecent assault on Sept. 17.
The Order of Canada recipient will also stand trial in another sexual assault case in Newmarket next year.