The final defence witness was Detective Barry Radford, a supervisor who attended “the rookie buy night” party and bar hop. I did not want to be a witness to anything and end up here,” he said, meaning a place like the very witness box he was in.
Radford made it as far as the Brass Rail strip club that night, the last stop before the hotel, and on the cab ride there, with Nyznik, another male officer and the woman in the back seat, laughing and engaging in what he considered was “sexual innuendo,” he was profoundly uneasy, with alarm bells ringing. “I thought it was a recipe for disaster.” Radford was in the front passenger seat and immediately began talking to the cab driver, he said, anything to avoid hearing more of the conversation behind him, and at the Brass Rail, he used the washroom, said good night to Nyznik, and promptly left the club. You can’t tell adults what to do.” Later Monday, defence lawyer Alan Gold, who represents Kara, made his closing argument, telling Ontario Superior Court Judge Anne Molloy that the most compelling evidence that the complainant had the capacity to consent are the closed-circuit videos from the various clubs and the hotel.
The evidentiary part of the sexual assault trial of three Toronto police officers is over, with only closing submissions and the judge’s decision to come.
The three — Leslie Nyznik, Sameer Kara and Joshua Cabero — are pleading not guilty to forcing sex upon a female parking enforcement colleague in a downtown hotel room on Jan. The three say the sex was consensual; the 36-year-old woman says it absolutely wasn’t, and that whether because of the drinks she had or because she was as she suspects drugged, she couldn’t move or even speak.
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