A court has halted all allegations in the Winnipeg sexual assault case against fashion tycoon Peter Nygard, ruling that his right to a fair trial under the Charter was violated due to the police’s failure to preserve documents related to accusations dating back to the 1990s.
Nygard, who appeared via video link in a Winnipeg courtroom for the ruling, faced charges of sexual assault and unlawful confinement stemming from an incident in November 1993 at his Winnipeg warehouse. The complainant, April Telek, previously shielded under a publication ban, had her identity revealed following the judge’s decision at her request.
During the investigation initiated by Winnipeg police in 2020, it was noted that any notes or reports related to Telek’s interactions with law enforcement officers from North Vancouver RCMP and Winnipeg police were likely purged from the police systems.
Nygard expressed joy at the development in his case, learning of the dropped charges while in custody in Ontario for a separate sexual assault case. His lawyer successfully argued for a stay of the proceedings, citing the absence of crucial documentation from the 1993 interviews with the complainant.
The presiding judge emphasized the increasing prevalence of historical sexual assault cases in court and stressed the need for adjustments within the justice system to accommodate the challenges posed by such cases, such as missing evidence and fading memories. She underlined the importance of safeguarding victims’ communications and ensuring the preservation of police reports for fair trials and prevention of wrongful convictions.
The decision marked the second breach of Nygard’s rights in the case, following an earlier ruling that a review of a decision not to charge Nygard constituted a serious abuse of process by Manitoba’s former attorney general.
Nygard faces pending legal matters including an appeal in Ontario and charges in Montreal, with extradition sought by U.S. authorities on various counts related to sexual abuse and trafficking allegations. Despite denying all accusations against him, Nygard’s legal battles continue as different jurisdictions handle the cases.
