The Crown is appealing the March 1 sexual assault acquittal of Bassam Al Rawi, a Halifax taxi driver. Mr. Al Rawi was charged with sexual assault stemming from a late-night, May 23, 2015, incident in his taxi involving a female passenger. Following a trial in Halifax Provincial Court, Judge Gregory Lenehan acquitted Mr. Al Rawi citing the Crown’s failure to prove the complainant’s lack of consent. “We have conducted a legal analysis of the judge’s decision and have concluded there is a solid basis to appeal the ruling,” said Denise Smith, deputy director of public prosecutions. The grounds of appeal are as follows: -- the provincial court judge erred in law in holding the Crown had adduced no evidence of lack of consent on the part of the complainant -- the provincial court judge erred in law by engaging in speculation on the issue of consent rather than drawing inferences from the facts proven in the evidence -- the provincial court judge erred in law by failing to give proper legal effect to the facts found by him-- the provincial court judge erred in law in his interpretation and application of the test for capacity to consent -- the provincial court judge erred in law by failing to direct himself on the provisions of section 273.1 of the criminal code-- the provincial court judge erred in law by failing to determine whether the accused had taken all reasonable steps to ascertain that the complainant was consenting-- such other grounds of appeal as may appear from a review of the record under appeal. A notice of appeal has been filed with the Nova Scotia Court of Appeal.Source: Release