Police Officer Cleared Of Sexual Assault Charges
After two years spent off active duty and in the court system, Constable Andrew Michalski’s name was cleared on Wednesday.
The over decade-long veteran of the London Police Service was arrested in June 2012 after two women made allegations of sexual assault against him.
On Wednesday, after the first complainant was cross examined by Michalski’s lawyer Glen Donald the Crown asked the judge to dismiss all three counts of sexual assault laid against the police officer.
Crown attorney David Foulds admitted that the cross examination of his first witness left him without a “persuasive argument”.
During the cross examination, the woman on the stand’s story began to unravel. Her name is protected under a court order.
She had testified on Tuesday during questioning from Crown Attorney David Foulds that her motorcycle broke down and the only person she could get a hold of was Michalski. She said he came to pick her up, offered that she could stay at his place and they later met his friends at a Richmond Row bar.
When asked Wednesday if she could remember Michalski offering to take her to her own apartment first, she said she didn’t.
She said when they arrived at Michalski’s home after leaving the bar that he got into bed with her when she was sleeping and sexually assaulted her.
Donald suggested to the woman that she and Michalski had consensual sex at her apartment two months prior, and that they had discussed becoming “friends with benefits”. He pressed her on whether they had texted back and forth to discuss when they could meet up to “share an evening together”. At each step the witness said she didn’t remember, but when pressed by Donald admitted it was “possible”.
Donald suggested that what she described as sexual assault was actually consensual sex, that she and Michalski got into the bed together. She told him it wasn’t how she remembered it, but admitted it was, again, “possible”. Donald continued by asking if it was possible that she fell asleep and when she woke up they were intimate again in the morning. “Yes,” she replied.
The Crown has withdrawn a third count of sexual assault that was to be dealt with in a separate trial. Foulds told Justice Steven Rogin that it was not in the “public’s best interest” to pursue the charge any further.