While testifying at trial, a sex assault complainant was also FaceTiming with her boyfriend. An Oshawa judge calls it ‘very troubling’

It was “very troubling” for a sexual assault complainant to be FaceTiming and texting with her out-of-town boyfriend while she was on the stand at an Oshawa trial, a judge has found — but not serious enough that it warrants tossing the case.

In his decision this month, Superior Court Justice Sunil Mathai also called out a victim services worker for her “serious lapse in judgment” in failing to immediately flag the complainant’s phone use while she was testifying via CCTV from another room at the courthouse, which enabled the woman to continue texting during her testimony until the end of the court day.