Judge’s failure to give reasons results in new sexual assault trial
TORONTO — A massage therapist properly convicted of sexually assaulting two women will get a new trial because a judge failed to say why he refused to allow a separate hearing for each charge.
In overturning the conviction against Jitender Sahdev, Ontario’s top court ruled the lack of reasons were enough to quash the conviction — even though it found the judge who actually presided over the trial had made no errors.
“The appeal must be allowed and a new trial ordered because the application judge’s failure to provide reasons for refusing severance frustrates meaningful appellate review,” the Court of Appeal said in its decision on Thursday. “It is not apparent from the record why the application judge decided the issue in the manner that he did.”
Court records show Sahdev, who ran a massage and yoga studio with his wife in London, Ont., applied to sever the charges related to incidents that occurred in June 2012.