Court throws out conviction, orders new trial in sex assault case

By cceolin

A new trial has been ordered for a Toronto man who was found guilty last year of sexually assaulting a fellow York University PhD student with whom he had a casual relationship.

Ontario Superior Court Justice Michael Dambrot says the trial judge appeared biased against Mustafa Ururyar after reading what he called “rape literature.”

The judge says Justice Marvin Zucker’s reasons for handing down a conviction were “incomprehensible.”

He also suggested Zucker may have plagiarized some parts of his ruling.

Ururyar had appealed his July 2016 conviction in the sexual assault of Mandi Gray, alleging Zucker was biased and misapprehended some of the evidence.

Gray, who waived the standard publication ban on the identity of sexual assault complainants, has said she probably wouldn’t participate in a new trial if one was ordered for Ururyar.

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