Antonio Sarmiento (age 49) has been found not guilty to all charges in court a short time ago by Justice John Payne on Wednesday, October 13, 2021.
Eduardo Armiento Sarmiento was facing 10 charges by Port Hope Police on September 12, 2019.
Five charges were withdrawn at the request of the Crown.
The remaining charges included sexual exploitation (x2) and sexual assault (x3).
The entire trial was by way of video on June 24, 25, 29, August 6 and September 8, 2021.
The Crown brought forward two witnesses while the Defence had four witnesses that testified.
Sarmiento plead not guilty to all charges.
There was a publication ban during the trial.
Mareike Newshouse was representing the Crown and Sean Fraser was representing Sarmiento.
Justice Payne’s decision took nearly an hour to read before the virtual court.
At the start of his decision, Payne stated, “the Crown must prove each element of an offence beyond a reasonable doubt.”
In Payne’s decision he read both testimony from the complainant, the defendant and witnesses.
“I recognize that (that complainant’s) evidence and the accused evidence is vastly different.”
Payne listed 15 times the testimony was different between two.
“I have concerns about the reliability of some areas of the evidence of both (the complainant) and the accused,” said Justice Payne.
“The standard of proof beyond a reasonable doubt is inextricably intertwined with the presumption of innocence.”
During his finding, Payne stated, “this case is simply not a credibility contest.”
“The issue is not whose evidence I prefer, rather the issue is whether the Crown has proven the charges beyond a reasonable doubt.”
At the end, Payne concluded, “his evidence, and the context of the evidence as a whole leads me in reasonable doubt that he (Sarmiento) committed any of the counts that proceeded to trial.”
“I am not sure the accused committed any of the offenses upon which the trial was held. I find the accused not guilty of all counts of which the trial was held.”
Author: Pete Fisher
Has been a photojournalist for over 30-years and have been honoured to win numerous awards for photography and writing over the years. Best selling author for the book Highway of Heroes - True Patriot Love
