June 15, 2008 - 09:39

By Jeff Mitchell

WHITBY -- More than a year after being exonerated of allegations of sexual assault a Whitby man still awaits the outcome of a $5-million wrongful arrest lawsuit he's filed against Durham police.

Maurice Kondell said he's anxious to end the legal nightmare that began in 2004 when he was charged with sexually assaulting young workers at the Oshawa Wendy's restaurant he managed. Criminal proceedings against Mr. Kondell and a co-accused came to an abrupt end in 2006 when it was revealed witnesses had lied during a Superior Court trial.

Mr. Kondell said while he was originally reluctant to pursue a civil claim, it became necessary to compensate financially for the loss of his job and career opportunities, which were derailed by the sex assault allegations. He was also hopeful the suit would help clear his name.

"Even though I'm innocent the cloud still hangs over my head," Mr. Kondell said.

"I'm going to live with this for the rest of my life," said the 32-year-old father of three young children, who attributes a recent heart attack to stress.

"I am literally one overdraft payment from losing this home."

Mr. Kondell was part owner and manager of a north Oshawa Wendy's in the spring of 2004 when he and another manager were arrested and charged with sexually assaulting female workers. The teen girls claimed they'd been groped and subjected to unwanted sexual remarks in the workplace.

A trial was begun in the fall of 2006 but suddenly halted when the Crown told Justice Robert Clark a number of witnesses had lied when they denied on the stand they had considered joining together to pursue a civil action against Wendy's.

The judge acquitted the men and apologized to them.

Mr. Kondell launched his $5-million suit against Durham police in the spring of 2007, saying investigators failed to follow up on information he'd provided that would have led to his exoneration before the case ever went to court.

In a statement of defence the police service asserts the charges were laid following interviews with several girls who said they'd been victimized in the workplace.

The police statement says investigators had reasonable grounds to lay charges and contends that if Mr. Kondell had information that would have changed the course of the case, he failed to disclose it. Mr. Kondell called that claim absurd.

Neither Mr. Kondell's statement of claim or the police service's statement of defence have been proven in court.

Durham police do not comment on ongoing lawsuits. Police spokesman Dave Selby said the suit has advanced to the discovery stage, at which lawyers for both sides meet in pretrial session to establish facts in the case.

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