Charges withdrawn in Burlington gang sexual assault case

Charges against two men accused of gang sexual assault at a Burlington business more than two years ago have been withdrawn in court.

Halton police accused the pair of inviting a woman to a business on Harvester Road, where she was incapacitated with a noxious substance" and allegedly sexually assaulted in late August 2019.

Sharifulla Mokbel and Satlykglylych Gafuri were charged with sexual assault and gang sexual assault. Mokbel was also charged with sexual assault causing bodily harm and administering a noxious substance.

Both men - who were 27 at the time of their arrest Sept. 4, 2019 - pleaded not guilty.

In court last month, assistant Crown Maureen McGuigan asked for the charges to be withdrawn after the victim was not able to proceed.

The victim had logistical difficulties" that made attending court challenging, she said.

The victim missed a date to prepare for trial and then on the morning of Oct. 12 she did not get into a cab sent to bring her to court, McGuigan said. She then sent a message to a police detective saying that she was not able to proceed.

It would not be fair or appropriate to force the victim to proceed, she said.

Outside of court Gafuri claimed he and his co-accused were wrongly accused.

My reputation has been tarnished and I've been getting threats and death threats because of these charges and even though in the eyes of the justice system we were innocent until proven guilty' the public perception was different," he said.

Gafuri said he would have preferred to be proven innocent at trial.

Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com