The Crown is appealing the March 1 sexual assault acquittal of Bassam Al Rawi, a Halifax taxi driver.

Mr. Al Rawi was charged with sexual assault stemming from a late-night, May 23, 2015, incident in his taxi involving a female passenger. Following a trial in Halifax Provincial Court, Judge Gregory Lenehan acquitted Mr. Al Rawi citing the Crown’s failure to prove the complainant’s lack of consent.

“We have conducted a legal analysis of the judge’s decision and have concluded there is a solid basis to appeal the ruling,” said Denise Smith, deputy director of public prosecutions.

The grounds of appeal are as follows:

the provincial court judge erred in law in holding the Crown had adduced no evidence of lack of consent on the part of the complainant

the provincial court judge erred in law by engaging in speculation on the issue of consent rather than drawing inferences from the facts proven in the evidence

the provincial court judge erred in law by failing to give proper legal effect to the facts found by him

the provincial court judge erred in law in his interpretation and application of the test for capacity to consent

the provincial court judge erred in law by failing to direct himself on the provisions of section 273.1 of the criminal code

the provincial court judge erred in law by failing to determine whether the accused had taken all reasonable steps to ascertain that the complainant was consenting

such other grounds of appeal as may appear from a review of the record under appeal.

A notice of appeal has been filed with the Nova Scotia Court of Appeal.

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