A Surrey masseur who was convicted of sexual assault against three women will get a new trial in one of the cases.

The Court of Appeal for British Columbia has set aside Rong Xian LiB次元官网网址檚 conviction in that particular case but upheld his convictions in the other two.

LiB次元官网网址檚 legal counsel argued at his appeal hearing in Vancouver that the judge who convicted him erred in relying on similar fact evidence, misapprehended evidence and improperly assessed the credibility of the complainants collectively, B次元官网网址渢hereby allowing the evidence of each to bolster the othersB次元官网网址� and B次元官网网址渁pplying uneven scrutiny to the evidence of the complainants and the appellant.B次元官网网址�

There is a publication ban on information that could identify the complainants. Each testified theyB次元官网网址檇 received a massage from Li at the Iris Day Spa in Surrey, where he was employed, in 2017, and that he touched, massaged, or squeezed their breasts without their consent.

During his seven-day trial B次元官网网址� heard before a judge sitting without a jury, at B.C. Supreme Court in New Westminster B次元官网网址� Li denied the three had received a massage from him at the spa, claimed heB次元官网网址檇 never met them before, and that he was being B次元官网网址渇ramed.B次元官网网址�

B次元官网网址淚dentity was, accordingly, a key issue at trial,B次元官网网址� appeal court Justice Karen Horsman noted in .

Horsman noted the trial judge found the complainants to be B次元官网网址渃redible and reliable in their evidence of the sexual touching, and in identifying the appellant as the perpetrator.

B次元官网网址淭he trial judge did not find the appellant to be credible. He found that the complainantsB次元官网网址� testimony was supported by other evidence showing that the appellant was working at the spa on the days that the complainants attended. He concluded that the evidence in its totality did not give rise to reasonable doubt on any of the three counts.B次元官网网址�

Li testified he worked only eight days in total at the spa.

Horsman found no error in the trial judgeB次元官网网址檚 decision to convict in two of the cases but concluded he erred in law in his analysis when he found the Crown had proved the elements of the offence of sexual assault beyond a reasonable doubt in the third. He erred in convicting Li on that count, Horsman found, by relying on inadmissible hearsay evidence to support that complaintB次元官网网址檚 in-dock identification of Li.

B次元官网网址淚n my view, the appropriate remedy in the circumstances is to set aside the appellantB次元官网网址檚 conviction on count 1 of the indictment and order a new trial on that count,B次元官网网址� she reasoned.

Appeal court Justices Lauri Ann Fenlon and Joyce DeWitt-Van Oosten concurred.

tom.zytaruk@surreynowleader.com
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