TORONTO — A Toronto police officer accused of sexually assaulting a woman 10 years ago was found not guilty Monday after a judge said there were inconsistencies in the complainant's testimony.
The woman, who cannot be named, alleged Const. Vincenzo Bonazza "raped" her in her apartment in September 2008.
Bonazza had pleaded not guilty and told court in his own defence he had consensual sex with the woman.
Justice Anne London-Weinstein said historical sexual assault cases hinged upon the reliability and credibility of the complainant.
"I have found at times the complainant would substitute what must have happened versus a recollected memory," London-Weinstein told court on Monday.
The woman testified she didn't report the alleged incident right away because she feared no one would believe her, but she eventually reported it in 2015 after becoming a police officer herself.
The woman testified she met Bonazza while he was on duty in her neighbourhood.
She said she approached him and asked for help dealing with an ex-boyfriend, who had already been charged with criminally harassing her.
She ran into Bonazza in the area the next day and he later called her, but she didn't remember giving him her phone number, she testified.
Bonazza, who was married at the time, said he asked for her phone number and she gave it to him. The officer said he used police databases to "run her file" and "conduct a history" of her.
The woman said Bonazza showed up without notice with sushi in hand, while he testified he was invited over and never bought sushi. Then they watched a movie the woman — a former actress — appeared in before they began kissing on the futon, they both testified.
He said consensual sex followed. She said Bonazza went on to have sex without her consent and later forced her to perform oral sex.
The woman testified that working on a sexual assault case as an officer made her decide to go forward with her own allegations.
The judge, in her decision, cited inconsistencies in the woman's testimony from the statements she gave initially to her boss, at the preliminary trial and at the trial that raised reasonable doubt.
"I cannot be sure consent was provided in this case … which leaves me in a state of doubt," the judge said. "I found her to be a witness who very intensely wanted to get things right."
Despite her decision, the judge said she also didn't believe the officer's testimony on the stand.
"I found him to be evasive at times," London-Weinstein said.
Bonazza and the Crown attorney declined comment after the verdict.
The complainant was not in court for the decision.
