Illustration by THE CANADIAN PRESS In this artist’s sketch, lawyer Joanne Mulcahy (left) questions Det.- Sgt. Jeffrey Attenborough (right) in front of Justice Anne Molloy at the sexual assault trial for Toronto police officers (bottom, left to right) Joshua Cabero, Sameer Kara and Leslie Nyznik in Toronto on Monday.

Three cops sexually assaulted colleague: Crown

TORONTO — Three Toronto police officers sexually assaulted a parking enforcement officer two and a half years ago when they had non-consensual sex with the woman at a downtown hotel after a night of partying, Crown prosecutors alleged Monday as a trial for the trio got underway.

Joshua Cabero, Leslie Nyznik, and Sameer Kara, all constables in the same division, have each pleaded not guilty to one count of sexual assault in connection with the alleged incident.

In opening arguments that highlighted the evidence expected in the case, Crown attorney Mabel Lai said the alleged assault took place between 12:20 a.m. and 3:30 a.m. on Jan. 17, 2015.

“The Crown will allege the three defendants variously engaged with intercourse and oral sex without her consent,” Lai said. “That will be the crux of the Crown’s case.”

The accused and the complainant — who cannot be named due to a standard publication ban — had been out partying with others as part of a “rookie buy night” where rookie officers buy drinks for the veterans, Lai explained.

One of the officers, Nyznik, had booked a hotel room at the Westin Harbour Castle, Lai said.

All three accused officers began the night around 6 p.m. at a bar called the CC Lounge and Whisky Bar with other men, court heard. Shortly before 9 p.m., the female parking enforcement officer arrived at the bar, court heard.

The group then moved to a different bar, Pravda Vodka House, before one of the officers had to return to the hotel room because he had vomited, Lai said.

The two remaining male officers and the complainant later went to a strip club before ending up at the hotel around midnight, court heard.

There is agreement that all four were alone in a hotel room, according to admissions filed in court, the Crown said.

“The dispute is about what happened in that hotel room,” Lai told the court.

The complainant left the hotel room at 3:30 a.m. and texted a friend about the alleged sexual assault 13 minutes later, Lai said.

Nine days after that, Det. Sgt. Jeffrey Attenborough, who received a complaint from the female parking officer, began investigating.

He testified that he visited the complainant at her home along with forensic officers who seized some of her clothing from the night of the alleged assault, including a bra and shirt that were sent to the Centre for Forensic Sciences.

DNA evidence that includes semen found in the complainant’s genital area and around her neck, along with semen found on her shirt and bra, will be part of the Crown’s case, court heard.

The trial was also taken through surveillance video of the three officers and the complainant at various points before and after the alleged incident.

Court saw video of a wobbly Kara returning to the hotel around 10 p.m. being helped by another man. Court also saw footage of Nyznik, Cabero and the complainant enter the hotel around 12:12 a.m.

In security footage near the elevator at that time, the complainant appears to be smiling. There is also video of the complainant leaving the hotel around 3:30 a.m. and getting into a taxi, while video shows the three officers leave the next morning shortly after 9 a.m.

Nyznik’s lawyer, Joanne Mulcahy, took great pains showing that video from some parts of the night, including time spent at Pravda, and some clips from the hotel, was not part of the evidence.

The trial is taking place before a judge alone.

Liam Casey, The Canadian Press

Just Posted

WATCH: Christmas Wish Breakfast toy donations almost double

All toys donated Sunday will be given to the Red Deer Christmas Bureau and Red Deer Salvation Army

VIDEO: ‘Party bus’ goes up in flames in Vancouver

Fire crews responded to the late night blaze

Mothers Against Drunk Driving hold candlelight vigil

Four-and-a-half years ago Marilyn Rinas’ husband was killed in a collision with… Continue reading

Thousands expected at memorial for fallen police officer in Abbotsford, B.C.

ABBOTSFORD, B.C. — The streets of Abbotsford, B.C., will be lined with… Continue reading

One person dead, five others injured in early-morning crash in Kingston, Ont.

KINGSTON, Ont. — A man who was checking the damage on his… Continue reading

VIDEO: Replay Red Deer: Nov. 19

Watch news highlights from the week of Nov. 13

CP Holiday train to stop in Ponoka for another year

The popular train will feature entertainment from Colin James and Emma-Lee

Kittens rescued after allegedly being tossed from vehicle

Couple finds abandoned kittens new home through Facebook

VIDEO: ‘Party bus’ goes up in flames in Vancouver

Fire crews responded to the late night blaze

Chicken crosses B.C. road, stops traffic

Rooster makes early morning commuters wait in Maple Ridge

Red Deerian honours her brother who died in a motorcycle collision

Houaida Haddad is encouraging Red Deer residents to donate blood

Red Deer County firefighters to be recognized for Waterton help

RCMP brass will give formal recognition Monday

Ron James tries to lighten humanity’s load through humour

The comedian returns to Red Deer for shows Dec. 1 and 2

100+ Women Red Deer donate to Christmas Bureau

About $14,000 will help with Christmas hampers and toys

Most Read


Five-day delivery plus unlimited digital access for $185 for 260 issues (must live in delivery area to qualify) Unlimited Digital Access 99 cents for the first four weeks and then only $15 per month Five-day delivery plus unlimited digital access for $15 a month