Shockwave on PEI: New Trial Ordered for Robbie Moore in High-Profile Sexual Assault Case

A significant legal development has rocked Prince Edward Island, as the province's Court of Appeal has mandated a new trial for Robbie Moore, a man previously convicted of sexually assaulting a woman on the North Shore. The decision, handed down this week, overturns Moore's 2022 conviction and subsequent 30-month prison sentence, citing critical errors in the original trial judge's assessment of evidence and witness credibility.

Moore had been found guilty in 2022 of sexually assaulting a woman in 2018, an incident that garnered considerable public attention. However, his legal team appealed the verdict, arguing that the trial judge failed to properly weigh inconsistencies in the complainant's statements to police and her testimony during the trial.

At the heart of the appeal was the judge's handling of the complainant's credibility. The defence contended that the trial judge, rather than objectively assessing the inconsistencies, sought to explain them away, thereby diminishing their impact on the overall assessment of the complainant's reliability. This approach, they argued, led to an unfair trial outcome.

Justice John K. Mitchell, writing for the three-judge appeal panel, agreed with the defence's arguments. He meticulously detailed how the trial judge erred by focusing predominantly on explaining potential reasons for the inconsistencies – such as the passage of time or the psychological impact of trauma – instead of critically evaluating these discrepancies as factors that could affect the complainant's overall credibility. Justice Mitchell highlighted specific instances where the complainant's initial statements differed significantly from her trial testimony, particularly regarding key details of the alleged assault, and how the trial judge's explanations for these shifts were legally unsound.

The Court of Appeal’s ruling emphasized that while judges can consider explanations for inconsistencies, they must ultimately weigh those inconsistencies against the witness's overall credibility. The trial judge, in this instance, was found to have overstepped by essentially rationalizing away the inconsistencies, rather than treating them as substantive elements in the credibility assessment. This failure, the Appeal Court determined, rendered the original verdict unreasonable.

As a direct consequence of this ruling, Robbie Moore has been released from custody, and the legal process will now restart with a completely new trial. The decision sends a powerful message about the rigorous standards required for assessing evidence and credibility in criminal proceedings, particularly in sensitive cases involving sexual assault. It underscores the judiciary's commitment to ensuring that all aspects of a trial, including the nuanced evaluation of testimony, meet the highest legal thresholds for fairness and justice.