Charges stayed against man convicted of sexual assault after ‘miscarriage of justice’
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A Winnipeg man who was ordered to have a new trial by the province’s highest court instead had his charge stayed.
Robert Zamrykut, who had been charged with sexual assault, had his matter stayed by Crown attorney Mark Cantor shortly after the Manitoba Court of Appeal ordered a retrial.
Cantor, in an April 2017 memo, said the stay was issued because “there is no reasonable likelihood of conviction.”
Zamrykut had been sentenced to 30 months in prison after being convicted in 2016 of forcing intercourse on a woman.
Zamrykut, who his lawyer said had “always maintained his innocence,” appealed the conviction.
The appeal court ruled in 2017 that a new trial was needed. In a written decision, Justice Holly Beard said Zamrykut convinced them he had been the victim of a “miscarriage of justice” because his lawyer had given him “ineffective assistance” during the trial, including not questioning the alleged victim on inconsistencies between her statement to police — when her boyfriend was present — and other statements she made in court.
Justices Michel Monnin and Freda Steel agreed with the decision, making it unanimous.
