There will be no new trial — and no reduced sentence — for the former assistant manager of a Winnipeg group home convicted of sexually assaulting a female employee he was training.
Olayemi Fatunmbi was given three years in prison after being found guilty during a jury trial last year. He was acquitted of a second sexual assault involving another worker.
Fatunmbi was seeking to have his conviction overturned by the Manitoba Court of Appeal. In the alternative, he argued his punishment was "harsh and excessive" and should be reduced.
Both bids were rejected this week in a 37-page written decision.
During the trial, Fatunmbi testified he did nothing wrong. Both alleged victims told court they were separately attacked over a four-day span while working the night shift at the home for mentally and physically challenged adults.
Fatunmbi, who was their immediate supervisor on both nights, "began acting in ways that were anything but professional," Crown attorney Rustyn Ullrich told jurors.
"Things turned from disturbing, unprofessional and a nuisance... into criminal acts," he said.
In the first case, Fatunmbi attacked the woman inside an office by groping and fondling her and attempting to have intercourse. In the second alleged incident, of which Fatunmbi has been cleared, he was accused of attempting to force the woman to have sex with him.
The two women didn’t immediately go to police but learned of each other’s experience before going forward, jurors were told.
At the sentencing hearing, the Crown was seeking up to four years behind bars while the defence wanted a suspended sentence that would keep him free in the community. Defence lawyer Darren Sawchuk cited his client’s lack of criminal record and low risk to reoffend.