New trial for man after juror gave radio interviews during original proceeding
TORONTO — An HIV-positive man convicted of sexual assault has been granted a new trial after Ontario’s top court ruled that the conduct of a juror who discussed the case on the radio created a reasonable apprehension of bias.
Joshua Dowholis was convicted of three counts of sexual assault and two counts of forcible confinement in September 2013. The charges stemmed from complaints filed by four males he met at a bathhouse in Toronto. He was acquitted of a fourth sexual assault charge.
In his appeal, Dowholis argued that the fairness or appearance of fairness of his trial was undermined by the conduct of the jury foreperson, who participated in radio broadcasts discussing the trial.
The juror was a producer of a radio program called “The Dean Blundell Show” — a so-called “shock jock” show on Toronto’s 102.1 The Edge where opinions were expressed in a deliberately provocative way. The show was cancelled in January 2014.