A Canadian Forces corporal was found not guilty of forcible confinement and sexual assault Wednesday following a judge-alone trial before the Ontario Court of Justice in Barrie, Ont.
Justice Robert Gattrell said in his ruling that he found inconsistencies and credibility issues with the evidence provided by both the accused, Cpl. Oleksii Silin, and the complainant, Elle Jaszberenyi — both of whom testified during the trial.
However, Gatrell said that these types of cases do not boil down to “a credibility contest between the complainant and the accused.” He said he has to determine whether “the Crown has proven the charges beyond a reasonable doubt.”
In this case, the Crown did not meet the test, Gattrell said.
“Given the credibility concern pertaining to the evidence of the complainant, the court would be wary about grounding convictions on this evidence,” said Gattrell.
“This is not to say that there was no sexual assault or forcible confinement but rather that the offences have not been proven beyond a reasonable doubt.”
Jaszberenyi, a former Canadian Forces soldier, claimed Silin forced her into a broom closet on Canadian Forces Base Borden in May 2018.
Silin was charged after Jaszberenyi, 60, filed for a private prosecution in October 2022, and the Crown’s office in Barrie agreed to take the case.
A private prosecution offers a way for the public to try to file charges against someone without a police investigation taking place if they feel a crime has been committed — though it happens rarely.
Jaszberenyi decided to go that route after the military refused to prosecute her sexual assault allegation following a 2018 investigation.
Her attempts to reopen the case through the Military Police Complaints Commission, a quasi-judicial civilian oversight body, and the Federal Court also failed.
The names of sexual assault complainants are generally covered by publication bans during court proceedings. But Jaszberenyi, who is no longer with the Canadian Forces, requested the publication ban be lifted on her name.
Stigma from charges lasts ‘forever’
Silin was emotional with relief and immediately phoned his wife after the verdict, said his lawyer Mitchell Worsoff.
“He deserved to be acquitted. I believed him from the beginning,” Worsoff said. “He’s been suffering from this, having this fear now for well over two years.”
Worsoff said Silin hopes that now, with the case behind him, he can continue to advance his career with the Canadian Forces. Silin is currently stationed at Canadian Forces Base Gagetown in Oromocto, N.B.
Worsoff said that Silin must now work to erase the stigma that the case has attached to his life
“You are never compensated for the emotional strife you suffer while this is going on,” the lawyer said. “The stigma attached seems to last forever.”
Jaszberenyi was not immediately available for comment.
