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“Most importantly, he is fair. He is the type of person that any reasonable, informed member of the public should want as a judge.”

Al-Rawi was charged after police found the woman, in her 20s, intoxicated, unconscious and partially naked in his car in the early hours of May 23, 2015.

Those most eager to vilify Mr. Al-Rawi seem to be the least eager to gather accurate information.

A police constable testified during the trial that she saw Al-Rawi shoving the woman’s pants and underwear between the front seats during the arrest. At the time of his arrest, Al-Rawi’s seat was partially reclined and the woman’s legs were resting on the back of the front bucket seat.

Al-Rawi’s pants were undone at the waist and his zipper was down a couple of inches. Evidence of the woman’s DNA was found on Al-Rawi’s mouth, but the bodily substance couldn’t be identified.

Lenehan said the evidence was concerning, and that the officer was correct to arrest Al-Rawi because “any reasonable person” could believe that Al-Rawi was engaging in or about to engage in sexual activity with a woman who is incapable of consenting.

However, he said in his oral decision that the Crown provided no evidence on whether or not the woman consented to sexual activity.

He said for Al-Rawi to be convicted the Crown had to show beyond a reasonable doubt that Al-Rawi not only touched the woman in a way that violated her sexually, but that it was done without her consent.

Lenehan said a person is incapable of consent if they are unconscious or are so intoxicated that they are unable to understand or perceive their situation.