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A sexual assault conviction has been overturned by the Court of Appeal of Alberta after a judge “entered the fray” and acted like a victim’s advocate, interrupting and deflecting questions to the female complainant to such an extent it created an unfair trial.

A 2017 trial in Fort McMurray heard evidence from a woman who went out drinking with a male friend and his friend at a bar. The three then went to the home of one of the men, where she became ill and fell. She testified that the next thing she remembers is being naked on a bed in a dark room with two men. One was raping her, the other holding her arms, she said.

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She fled into the cold night without her shoes, purse or jacket. Soon after, she was picked up by the two men who came looking for her in a car, where she secretly recorded them talking before the car was stopped by police and she left with the officers.

The two men were arrested and charged. The accused in this appeal had testified at his trial, saying he went to sleep in another bed that night and awoke to find her arguing with his friend. He denied assaulting her.