A new trial has been ordered in the sex assault case brought forward by Mandi Gray.
Gray and Mustafa Ururyar were both attending York University as grad students in 2015 and were in a casual relationship with each other.
On January 31, 2015 she says he sexually assaulted her after a night of drinking with friends.
Justice Marvin Zucker found Ururyar guilty in July, 2016 and sentenced him to 18 months in jail, three years probation, and ordered he pay Gray $8,000 in restitution for her legal fees.
Shortly thereafter, Ururyar appealed the conviction on the grounds Zucker showed bias in favour of Gray and relied on untested academic commentary that wasn't put to the parties for submissions.
In large part, Ontario Superior Court Justice Michael Dambrot agrees.
In his ruling today to grant the appeal, Dambrot noted Zucker did appear biased against Ururyar, relied on literature that was never presented during the trial, and included his own opinion about sexual assault and how allegations should be dealt with.
Dambrot opted to not rule on the $8,000 restitution ruling.
Outside the courthouse, Mandi Gray was asked what the takeaway is from all of this. "Don't bother. Don't bother reporting, you won't be believed, there's no one to support you and it will be a brutalizing process."
In the past Gray has said she would not testify if a new trial is ordered. Now she says she's at the mercy of the Crown. "They can subpoena you and arrest you. We've seen it happen recently in Edmonton. An Indigenous woman testified in handcuffs and shackles. It's not a choice."