Saying he "couldn't be sure" that a sexual assault had taken place, Superior Court Justice Emile Kruzick has acquitted a Melancthon Township senior citizen of a charge involving a granddaughter of the accused's wife.

The judge went into a depth of detail about the need to be convinced "beyond a reasonable doubt" that a defendant is guilty. In the case at bar, he said, there were some "inconsistencies and contradictions" in the testimony of the complainant and her witnesses.

While not entirely disbelieving the complainant, Justice Kruzick said inconsistencies have a tendency to undermine the credibility of evidence.

He acknowledged that complainants of assault might be hazy on details of the event, but said they should be clear on what happened before and after the event. The complainant, he said, "believes what she is saying. The complainant should not be expected to give great detail" about the incident but should recall what happened before and after.

The judge gave several examples of inconsistencies, including a disagreement among witnesses about whether the complainant had worked on a Sunday of one alleged assault.

On the other hand, he found that the defendant and his wife were clear on the details of their evidence, and that they had never become angry at any point during their testimony.

"The allegations are particularly upsetting to the family. However, neither the defendant nor the grandmother gets angry."

The complainant had been permitted to testify via a DVD. Justice Kruzick described it as "a poor quality DVD" in which the audio was clear but hard to understand, and on which it was not possible to watch the girl's face as she spoke. The girl had previously had a close relationship with the senior. According to the evidence, they had cuddled but the judge found no indisputable evidence to support charges of touching for sexual gratification or of sexual assault.

"Because I am not sure, I must acquit you," Justice Kruzick told the accused at the end of the trial last Thursday.