A Surrey masseur who was convicted of sexual assault against three women will get a new trial in one of the cases.

The Court of Appeal for British Columbia has set aside Rong Xian Li91裸聊视频檚 conviction in that particular case but upheld his convictions in the other two.

Li91裸聊视频檚 legal counsel argued at his appeal hearing in Vancouver that the judge who convicted him erred in relying on similar fact evidence, misapprehended evidence and improperly assessed the credibility of the complainants collectively, 91裸聊视频渢hereby allowing the evidence of each to bolster the others91裸聊视频� and 91裸聊视频渁pplying uneven scrutiny to the evidence of the complainants and the appellant.91裸聊视频�

There is a publication ban on information that could identify the complainants. Each testified they91裸聊视频檇 received a massage from Li at the Iris Day Spa in Surrey, where he was employed, in 2017, and that he touched, massaged, or squeezed their breasts without their consent.

During his seven-day trial 91裸聊视频� heard before a judge sitting without a jury, at B.C. Supreme Court in New Westminster 91裸聊视频� Li denied the three had received a massage from him at the spa, claimed he91裸聊视频檇 never met them before, and that he was being 91裸聊视频渇ramed.91裸聊视频�

91裸聊视频淚dentity was, accordingly, a key issue at trial,91裸聊视频� appeal court Justice Karen Horsman noted in .

Horsman noted the trial judge found the complainants to be 91裸聊视频渃redible and reliable in their evidence of the sexual touching, and in identifying the appellant as the perpetrator.

91裸聊视频淭he trial judge did not find the appellant to be credible. He found that the complainants91裸聊视频� testimony was supported by other evidence showing that the appellant was working at the spa on the days that the complainants attended. He concluded that the evidence in its totality did not give rise to reasonable doubt on any of the three counts.91裸聊视频�

Li testified he worked only eight days in total at the spa.

Horsman found no error in the trial judge91裸聊视频檚 decision to convict in two of the cases but concluded he erred in law in his analysis when he found the Crown had proved the elements of the offence of sexual assault beyond a reasonable doubt in the third. He erred in convicting Li on that count, Horsman found, by relying on inadmissible hearsay evidence to support that complaint91裸聊视频檚 in-dock identification of Li.

91裸聊视频淚n my view, the appropriate remedy in the circumstances is to set aside the appellant91裸聊视频檚 conviction on count 1 of the indictment and order a new trial on that count,91裸聊视频� she reasoned.

Appeal court Justices Lauri Ann Fenlon and Joyce DeWitt-Van Oosten concurred.

tom.zytaruk@surreynowleader.com
Like us on Follow us on   and follow Tom on