Focus at TPS sexual assault trial turns to drugs and alcohol

A toxicology expert called as a crown witness at the sexual assault trial of three Toronto Police officers testified Thursday that the complainant's statements about loss of consciousness the night of the alleged assault could be attributed to the "consumption or administration of a drug."

Butunder cross-examination, the forensic scientist told the court that the apparent physical state of the complainantas seen in hotel surveillance footage is not consistent with someone who has ingested GHB or Ketamine, the "date rape drugs" discussed in court on Thursday.

Much of the testimony was theoretical based on how someone may behave under the influence of certain amounts of drugs and alcohol since the complainant's blood and urine were not tested for drugs or alcohol until more than two days after the alleged assault, and by that time none was detected.

Leslie Nyznik, Sameer Kara and Joshua Cabero, officers at 51 Division, are each accused of sexual assault.

The alleged assault took place at the Westin Harbour Castle hotel following a police party at several downtown bars in January 2015.

While there is nothing in the charges about drugs, the complainant told the court multiple times in her testimony that she believes she was drugged the night of the alleged assault.

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The complainant, who had consumed seven or eight drinks, testified that she had difficulty moving, speaking and seeing during the alleged assault. She remembers only parts of it.

The expert witness, Betty Chowfrom the Centre of Forensic Scientists, used information from the night of the allegations, including the amount of drinks consumed, the timeline, and the complainant's height and weight to project the complainant's blood alcohol concentration (BAC) at the time of the alleged assault.

Chow told the court the complainant's projected BAC around midnight on that night is between 65 to 90 milligrams of alcohol in 100 milligrams of blood.

A light to moderate drinker would experience "mild intoxication", Chow testified, including symptoms such as slurred speech, increased sociability and some loss of motor skills and balance.

Chow told the court the complainant's description of her state that night cannot be attributed to alcohol alone.

New video in police sexual assault trial

7 years ago

Duration 3:58

The sexual assault trial of three Toronto Police officers has seen its first images of the complainant and the accused in the critical moments directly before and after the alleged incident took place.

Under cross-examination, defence lawyer Harry Black, representing Nyznik, focussed on the complainant's claims of being drugged.

During her testimony, the woman told the court she could have been drugged, possibly by Nyznik, at the Brass Rail strip club.

There is no proof of this provided by the complainant, Crown, or the police investigation.

Asked about GHB and Ketamine, Chow testified that the effects of these drugs would be felt approximately 15 minutes after consumption.

Black once again showed the court video footage of the complainant exiting a taxi and walking into the Westin Harbour Castle hotel, approximately half an hour after she believes she may have been drugged at the Brass Rail.

In the video the woman appears to be walking and talking normally.

Chow told the court that 30 minutes after consuming GHB or Ketamine, there should "obvious signs" in the way a person is behaving.

Black asked the witness if in the video the complainant looks like a person who had consumed either of those drugs roughly a half hour earlier.

"It's not likely," Chow testified.