Toronto Sun

Thursday, September 6, 2001

Cops, CAS absolved

By GRETCHEN DRUMMIE, COURTS BUREAU
Toronto Sun

A Durham man who was cleared of a sexual assault charge has failed in an $8.5-million wrongful prosecution lawsuit against Durham Police and Children's Aid Society.

Donald Williams, 37, was charged in 1994 with sexual asssault and sexual interference of a three-year-old girl. The charges were ultimately dismissed. Williams filed a lawsuit against the child's grandmother, a CAS social worker, the Durham Police force and an officer, alleging negligence, false arrest and imprisonment.

Justice John MacDonald ruled yesterday there was no basis for Williams' allegations.

He found there was no malice behind the grandmother reporting the allegation to the social worker and rejected Williams' contention the social worker was biased.

MacDonald found also the case was competently probed and the officer was justified in laying charges in the circumstances.

The judge stressed Williams "was, and is innocent of these charges," which he has vehemently denied.

Copyright © 2001, Canoe Limited Partnership.