An alleged victim of a former Maple Ridge hospital X-ray technician who was convicted of two counts of sexual assault in 2020 is angry a re-trial will no longer be taking place after the technicianB次元官网网址檚 convictions were overturned.

Crown Counsel decided not to go ahead with a re-trial for Allen James Brooks, who was an X-ray technician at Ridge Meadows Hospital between 1990 and 2016, after, the agency said, further information was received by the prosecutor about the file.

B次元官网网址淎fter reviewing this information and the rest of the file materials, the prosecutor concluded the charge assessment standard could no longer be met. In these circumstances, not proceeding with the re-trial was the appropriate course of action,B次元官网网址� explained Ann Seymour, acting communications counsel for the BC Prosecution Service, (BCPS).

The Court of Appeal overturned the convictions against Brooks.

A publication ban has been imposed upon the identification of complainants in this case, but one of the women, who will be identified in this story as Laura, is outraged.

Laura said she was willing to go back to court and B次元官网网址渟tand up again against him on my own.B次元官网网址� But she found out about two months ago that prosecutors were not going to proceed.

She called it a B次元官网网址渟lap in the faceB次元官网网址� to her and other women who come forward.

B次元官网网址淣o wonder we donB次元官网网址檛 go up against the courts and men because they make us feel that we are not worthy,B次元官网网址� she said.

On Oct. 26, 2020, Allen James Brooks was convicted of sexually assaulting two patients while performing X-rays. He was initially charged with sexually assaulting three patients B次元官网网址� one in 1990, another in 1997, and the third in 2001.

However, he was acquitted on the third count of sexual assault. A fourth complainant did come forward but Brooks was not charged in that alleged incident.

Following his conviction, he appealed the judgement, on the basis that the trial judged erred by allowing B次元官网网址渟imilar fact evidenceB次元官网网址� from the fourth complainant.

B次元官网网址淪imilar fact evidenceB次元官网网址� is a term, according to The Criminal Notebook, that refers to admissible evidence that demonstrates the person acted in a manner that is consistent with their character. It runs a risk of violating a personB次元官网网址檚 right to a presumption of innocence by introducing prejudices based on lifestyle, and not based on fact.

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The fourth complainant was the only alleged victim who said they were sober in the X-ray room. The other three admitted they were under the influence of either alcohol or drugs.

Honourable Madam Justice Bennett agreed with Brooks, and noted in her decision to order a new trial that B次元官网网址渁 person is not required to defend a case with which he is not charged, except in exceptional circumstances.B次元官网网址� And that by allowing the B次元官网网址渟imilar fact evidenceB次元官网网址� from the fourth complainant, it played a B次元官网网址渟ignificant role in the assessment of the credibilityB次元官网网址� of the two women he was convicted of sexually assaulting.

In reviewing all files, noted Seymour, the BCPS applies the Charge Assessment Guidelines which are in the provincial Crown Counsel Policy Manual and are used to decide whether to start or continue a prosecution.

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Crown Counsel must B次元官网网址渋ndependently, objectively, and fairly measure all the available evidence against a two-part test.B次元官网网址� They must decide whether there is a substantial likelihood of conviction, and, if so, whether the public interest requires a prosecution.

There must be proof beyond a reasonable doubt, said Seymour.

B次元官网网址淭he person accused of a crime does not have to prove that he or she did not commit the crime. Rather, the Crown bears the burden of proof from beginning to end. When assessing the strength of the case, the Crown must also consider the likelihood that viable defences will succeed,B次元官网网址� Seymour explained.

B次元官网网址淭his two-part test continues to apply at all stages of the prosecution. If, at any point, the prosecutor concludes that the evidentiary standard is no longer met or that a prosecution is no longer required in the public interest, a prosecution cannot proceed.

B次元官网网址淚n this case, the prosecutor concluded the test was no longer met, and appropriately decided not to proceed with the retrial of this matter,B次元官网网址� added Seymour.