Kyle Christopher Mostowy was found guilty five years ago of sexual assault in connection with incidents in 2014 involving a female employee
A Langford businessman convicted five years ago of sexually assaulting a female employee has won the right to a new trial.
After he was arrested then released on bail in 2012 on those charges, one of the conditions was that he not employ women at his business. In pre-trial conferences before the second trial, judges expressed “strong concern” that the count of breaching conditions could prejudice a jury against Mostowy, as it implied a conviction on another offence, Justice Mary E. Saunders wrote in the B.C. Court of Appeal decision.
Mostowy appealed his second conviction, arguing the judge made a mistake in not trying the two counts separately and that he received ineffective assistance from his lawyer, resulting in an unfair trial and a miscarriage of justice.
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