A Yellowknife man accused of sexually assaulting a woman as she slept in his apartment last fall has been acquitted of all charges.

Elvis Blackduck, 49, was found not guilty of sexual assault and uttering threats to cause death by Judge Garth Malakoe in NWT territorial court Friday.

On Wednesday, day one of the judge-alone trial, a woman took the stand to testify sheSA国际影视传媒檇 been sexually assaulted by Blackduck after an afternoon of drinking at his downtown Yellowknife apartment.

Wiping away tears as she sat behind a testimonial aid screen to prevent her from seeing Blackduck, the woman told the court she passed out on a couch after getting drunk. When she awoke on a mattress, she said, her pants and underwear were down around her knees. She said she knew sheSA国际影视传媒檇 been raped SA国际影视传媒� and that Blackduck was the one who did it.

But on Friday, following closing submissions from the Crown and BlackduckSA国际影视传媒檚 lawyer on Thursday, Malakoe said there wasnSA国际影视传媒檛 enough evidence to convict Blackduck.

SA国际影视传媒淚t would be dangerous to convict on the evidence before me,SA国际影视传媒� said Malakoe as he handed down his decision.

Malakoe said the womanSA国际影视传媒檚 testimony, of which the SA国际影视传媒淐rownSA国际影视传媒檚 entire case,SA国际影视传媒� relied on, was inconsistent.

He said her alcohol consumption that night left her memory hazy, and said that, at times, she appeared to be searching for memories that werenSA国际影视传媒檛 there. This led her to have a poor grasp on the timeline of events she outlined during her testimony, he said.

Malakoe said the woman didnSA国际影视传媒檛 embellish details and showed no apparent bias against Blackduck.

But two SA国际影视传媒渕ajorSA国际影视传媒� inconsistencies in her testimony, Malakoe said, prompted cause for concern.

The woman first said she had been drinking with another woman and Blackduck, and that another man was in the room when she woke up in the morning. During cross-examination, she said she recalled the man being there the night before, too, but that she didnSA国际影视传媒檛 see him when she passed out.

Malakoe also pointed to the womanSA国际影视传媒檚 testimony about bruises she said she sustained on her wrists from Blackduck.

Malakoe noted she first said she didnSA国际影视传媒檛 know how she got the bruises, but then testified they were the result of Blackduck pulling her onto the mattress SA国际影视传媒� a detail she didnSA国际影视传媒檛 tell police.

These inconsistencies, he said, SA国际影视传媒渃ast a shadow on her reliability,SA国际影视传媒� one he said he couldnSA国际影视传媒檛 ignore.

During the trial, the court heard vaginal and rectal swabs taken from the woman were tested for male DNA, with none being found.

Semen was not tested for. The womanSA国际影视传媒檚 clothes, seized by , werenSA国际影视传媒檛 tested at all.

Therefore, Malakoe said, there was nothing to corroborate the womanSA国际影视传媒檚 testimony, except for photos of her bruised wrists, which he didnSA国际影视传媒檛 find compelling enough to convict Blackduck.

Malakoe said the evidence showed there were two men, Blackduck and the other man, in the apartment unit when the woman woke up.

SA国际影视传媒�(There is) SA国际影视传媒� no direct evidence linking Blackduck to the sexual assault anymore than (the other man) to the assault.

The other man and the woman who were drinking with the complainant at the apartment, didnSA国际影视传媒檛 testify. On Wednesday, the court heard from an officer who said she couldnSA国际影视传媒檛 located the two following the complainantSA国际影视传媒檚 police report.

Malakoe said it would have helped to hear from the potential witnesses.

SA国际影视传媒淚 am satisfied something happened to her that night, but the evidence leaves a doubt,SA国际影视传媒� said Malakoe.