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“I cannot comment on this ongoing investigation except to say that I am extremely disappointed that this matter is being pursued considering the outcome of the criminal case,” defence lawyer Peter Brauti, who represents Cabero, said Friday.

Photo by Ernest Doroszuk/Toronto Sun

When Molloy acquitted the cops, she concluded the trio of officers had sex with the woman but found “it was simply not safe to convict” based on her faulty evidence.

The judge’s decision was based on the frailties and inconsistencies in the woman’s story as well as the only objective evidence in the case — video of her arriving and exiting the hotel without assistance — and an expert toxicologist’s testimony fully contradicting the woman’s account about her inebriated state before and after the alleged assault.

Molloy said she was judging whether the prosecution had proved beyond a reasonable doubt that the woman either didn’t consent to the sex or lacked the capacity to consent because of consuming too much booze or, as she testified, a drugged drink.

The woman’s memory of walking to the Brass Rail was wrong, said Molloy, as the woman and other partyers shared a cab. The judge concluded she either reconstructed a false memory or lied.

“How do I know she has not done the same thing… how do I trust she has told the truth (about what happened in the hotel room)?” asked Molloy.

She was also sharply critical of Nyznik for enjoying free drinks and privileged treatment at bars and displaying “the shocking insensitivity and cruelty…of finishing with the complainant and then asking the other two men if they should still call (a hooker to the room).”

spazzano@postmedia.com