A judge has stayed all charges in the Winnipeg sexual assault case against disgraced fashion mogul Peter Nygard, finding his Charter right to a fair trial was breached by police failing to retain records related to allegations stemming from the 1990s.
Nygard appeared via video link in a Winnipeg cou rtroom for the decision Wednesday, where provincial court Judge Mary Kate Ha rvie said she was satisfied that right was "substantially prejudiced" and would "be further aggravated" if the trial on the matter was allowed to proceed.
The complainant alleged Nygard sexually assaulted her at his Winnipeg warehouse in November 1993. He was charged with sexual assault and unlawful confinement.
The identity of the complainant, April Telek, was previously protected under a publication ban. That ban was lifted following the judge's decision Wednesday, which court heard was done at Telek's request.
Telek spoke about the alleged incident with police officers, including North Vancouver RCMP and Winnipeg police, but Harvie said any notes or reports related to those interactions are presumed to have been purged from police systems.
WATCH | Peter Nygard's charges stayed in Winnipeg sexual assault case: Peter Nygard's charges stayed in Winnipeg sexu
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