A BC Supreme Court judge found a Prince George massage practitioner not guilty on Wednesday, July 23 of sexually assaulting a customer at a local spa more than a year ago.
A 36-year-old woman, whose name is protected by a publication ban, accused Amir Khoshtinat Markaz, 38, of touching her breasts and inner thighs and exposing her vagina by spreading her legs.
Markaz pleaded not guilty and testified in his own defence at the trial, which began July 15.
“While the accused’s evidence is not without difficulties, it effectively raises a reasonable doubt as to his guilt,” Justice Dennis Hori said in his oral ruling.
The trial heard that the woman bought the Mother’s Day package for herself from Razor’s Edge salon and attended two appointments with Markaz on May 7 and May 14, 2024.
Prince George RCMP arrested Markaz May 15, 2024 after she complained.
Markaz came to Prince George in late 2022 and started at Razor’s Edge in June 2023. He was born and educated in Iran, where he earned a degree in naval studies and is qualified to be an officer on trade ships. While not a registered massage therapist, he completed short-term courses in Iran and Ukraine before coming to Canada in 2021.
Markaz testified that he urged the complainant to not be shy and let him know whenever she felt uncomfortable. She testified that she did not recall him offering any such instructions.
She testified that Markaz called her beautiful, and spoke about visiting a red light district in Thailand, his knowledge of a woman’s body and what a woman needs for a massage treatment.
She also testified that when Markaz stopped touching her inappropriately, “she was frozen and could not believe what had just happened. She says she was on autopilot.”
Court heard that the complainant left a gratuity for Markaz after her appointments, because she wanted to appear normal.
“She was standing at the front of the salon when she was asked how the treatment was, she responded that it was fine, because just wanted to leave,” Hori said.
Hori ruled that the accused and complainant both provided straightforward evidence, but aspects of the complainant’s testimony raised concerns about her reliability.
For instance, she testified the first time she attended the salon was May 5, 2024 and booked the first appointment. Records of the salon indicate she made the appointment on May 4.
She also testified that she arranged May 14 appointment on May 7 to include a pedicure, facial and 60-minute massage.
“This evidence is, again, not consistent with the records of the salon, which indicate that the pedicure and the massage were booked by the complainant on May 7, but the facial was booked by the complainant on May 14,” Hori said.
