A former high school teacher was found not guilty of sexual exploitation at Court of King's Bench in Saskatoon on Tuesday.
Matthew Tumbach, a former science teacher at Tommy Douglas Collegiate, sat and stared at Justice Colin Clackson for roughly an hour as he read his decision of not guilty of sexual exploitation of 17-year-old Grade 12 student in 2011.
"He indicated in his reasons that both explanations were plausible. Therefore, the Crown hasn't met its burden of proof beyond a reasonable doubt," defence lawyer Michael Nolin said after the decision was announced.
Tumbach was accused of having a sexual encounter with the former student in December 2011 when the teen went to Tumbach's east-side apartment.
Tumbach did not dispute that the student was at his home. But his testimony disputed why she went there and what happened.
The complainant testified that she met with Tumbach at his apartment near Broadway Avenue and had sex with him after watching a movie and being served beer and marijuana.
Tumbach said she had come over to discuss a "falling out" she'd had with her mom and a close friend. He said they did not have sex, or consume marijuana, and she left around 90 minutes to two hours later. He didn't want to meet with her in a public place to protect her privacy.
The woman testified that she did not go to Tumbach's apartment in December 2011 because of any fallout with her family or friends. During the trial, the prosecution said Tumbach knew that the teen was a vulnerable young woman who used alcohol and drugs. The pair had developed a close relationship over many meetings before class where the two would have tea.
"I doubt the veracity of (Tumbach's) testimony, but I am unable to reject his evidence as untrue," Clackson said in his decision, adding that he found the complainant's testimony more "credible."
"While I believe that the accused likely engaged in sexual intercourse with the complainant during the December meeting, I am not convinced of that fact beyond a reasonable doubt," Clackson said.
Nolin said Tuesday's verdict wasn't about proving if Tumbach was innocent, but about the prosecution proving he's guilty.
"Beyond a reasonable doubt is very close to an absolute certainty," Nolin said. "So if there's any doubts or any inferences that an explanation can be plausible, all of those notes have to be resolved in the favour of an accused."
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Nolin admitted he was "very concerned" for Tumbach before Tuesday's verdict was read, and that his client could have just as easily been found guilty.
"People ask me: 'What are my chances of winning?' And I won't even give you a percentage chance that I'm gonna get out of bed tomorrow morning. There's not enough predictability in this area of the law," Nolin said.
Tumbach previously said he had a sexual encounter with the student, but after she graduated. Tumbach admitted that detail when the Saskatchewan Professional Teachers Regulatory Board (SPTRB) investigated the student’s allegations in June of 2020. Tumbach surrendered his teaching license shortly after.
According to the regulatory board’s report, the two had sex in October 2014.
"I do not envy the judges and the juries that have to decide these things. We are left with usually two versions of events that are diametrically opposed. So how do you get at the actual truth? So I'm very sympathetic to victims because it seems very, very hard for them to get convictions," Nolin said.
Tumbach was not available to speak with CTV News Tuesday, but Nolin said he is "eager to get back to rebuilding his life."
