Sexual assault charges have been stayed against a gay Toronto man whose case received widespread attention after the jury foreman made homophobic jokes about the trial on the radio.

In October, Ontario’s Court of Appeal quashed convictions against Joshua Dowholis and ordered a new trial after it found the juror’s conduct undermined the perceived fairness of the justice system.

The juror, Derek Welsman, was the producer and co-host of a now-cancelled Toronto radio show.

On Friday, a Crown attorney told a Toronto court that the prosecution was not going to pursue a new trial against Dowholis, who has already served more than five years in prison and was on parole.

“The decision not to reprosecute really operates as a recognition of how serious these homophobic comments were and how negatively they did impact on the integrity of the justice system,” said lawyer Jill Presser, who represented Dowholis is his appeal.

“The case is significant for Joshua Dowholis because it is about his experience with the justice system. But this case is about more than that — it’s about the LGBT community’s engagement with the justice system and the kind of justice they can expect.”

The staying of charges means Dowholis will not have a criminal record in connection to the initial charges of sexually assaulting three men he met in a downtown Toronto bathhouse.

In January 2014, Dowholis, an HIV-positive man, was sentenced to six years in prison. After serving the bulk of his sentence — he was credited for serving pretrial custody — Dowholis was already on parole when the Court of Appeal ordered a new trial.

Outside the courtroom Friday, Dowholis, 36, said he was relieved and ready to move on with his life. He has maintained his innocence since his arrest.

“I’m pleased with the outcome today but at the same time, I was a little disappointed I didn’t get an opportunity for a fair trial,” he said.

Crown prosecutor Meghan Scott told the court that although the complainants in the case were willing to re-testify, in light of the prison time Dowholis has already served, it would be “inappropriate” to retry the case.

Welsman was a producer and on-air personality for the Dean Blundell Show on 102.1 The Edge.

Before the original trial, Welsman swore that he had no bias against gay people. As jury foreman, he was in charge of directing the jury’s discussions and acting as the spokesperson for the group.

On air, he and the other on-air personalities chortled as they mocked gay men who visit bathhouses and the intelligence of the alleged sex assault victims. They snickered as they imagined an unnamed Dowholis’s excitement for prison showers.

“If anyone wants to get into the backdoor business, I can give you some tips,” said Welsman, prompting more laughter from his on-air colleagues.

After the Sept. 27, 2013 verdict, Welsman talked on-air about what jurors had to decide before making their guilty finding.

It is against the law for jurors to disclose details of their deliberations. There is no indication Welsman has been charged.

When reached by the Star, Welsman declined to comment.

After discovering Welsman’s on-air comments, Dowholis’s trial lawyer sought a judicial inquiry into the juror’s conduct. The judge rejected the request, ruling that the evidence did not show the other jurors — who unanimously found the accused guilty on nearly all counts — had their verdicts tainted by Welsman’s broadcasts.

In October, Ontario’s Court of Appeal quashed those convictions, saying Welsman’s conduct was homophobic and mocked the court process.

“Such comments have no place in a fair and impartial justice system,” Justice Mary Lou Benotto wrote in a decision signed by two of the three presiding judges. The third judge on the panel concurred there should be a new trial, but for a different reason.

“The reasonable observer would expect that a person who comes before the courts would be treated with dignity and respect, and not be publicly ridiculed by the person judging him,” Benotto continued.

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In order to maintain public confidence in the justice system, the mere appearance of impartiality by judges and jurors is just as important as actual fairness, Benotto wrote.

The judge said she did not need to address whether the verdict was in fact tainted by Welsman’s conduct because his behaviour gave “the apprehension of bias.”

A few weeks after the Star first wrote about Welsman’s on-air conduct, the Dean Blundell Show was cancelled.