Former prominent prosecutor Calvin Barry has been acquitted of sexually assaulting his girlfriend’s roommate in her shower.

Barry nodded his head slightly but showed no emotion when Justice Hugh Fraser acquitted him of one count of sex assault Thursday after a 11/2-day trial.

The complainant, 32, who cannot be identified, testified that Barry tried to enter her private shower in her Etobicoke apartment on the morning of May 24, 2008.

She said he grabbed her arm and inner thigh, telling her to “shush” when she screamed for her roommate to intervene.

She testified that the roommate, who was Barry’s girlfriend at the time, quickly entered the bathroom, berated him, and led the mumbling man away.

But Barry, 48, who left the Crown’s office in 2004 after 16 years to join the defence bar, and his ex-girlfriend, 39, both denied the incident occurred as described.

Barry testified that he merely tapped on the woman’s bedroom door to ask for a ride downtown, and the door opened to reveal her naked. He said she screamed and he averted his eyes and apologized.

His former girlfriend, who said she witnessed the incident, backed his version.

In his final arguments Wednesday, defence lawyer Frank Addario said Barry was not shaken in his testimony. “His evidence was reasonable.”

So was the testimony of his ex-girlfriend, and the judge should draw no negative inference from the fact that she refused, on the advice of her lawyer, to give a statement to police, Addario said.

Prosecutor Orest Yereniuk, a high-ranking Alberta prosecutor brought in for the case, said the judge’s ruling is well-reasoned. He said it’s difficult to prove any case where an eyewitness, like Barry’s ex-girlfriend, refuses to speak to police.

Latest From ...