A Windsor man has been found not guilty in a historical sex crime.
John Thomas Wuschenny, 57, was facing five charges including sexual assault with a weapon and robbery in a September 1990 attack.
A woman was sleeping in her home on Marentette Ave. when an intruder broke in and sexually assaulted her on her bed.
Wuschenny was a lead suspect at the time, but was never charged.
In 2015, the case was revisited and evidence seized was re-submitted to the Centre of Forensic Sciences since DNA technology has improved and there was a match to Wuschenny from the semen on a t-shirt seized.
But Justice Rene Pomerance ruled the, 'link between the t-shirt and the crimes is rooted in assumptions rather than evidence' as there were three other stains on the bedsheets seized.
"There are four semen donors: three on the bedsheet and one on the t-shirt. Which one of the donors committed the crimes before the court?" ruled Pomerance.
The victim left the courtroom in the middle of the decision.
Following the decision, Wuschenny walked out of the prisoner's box and shook his lawyer's hand.
"I think he is relieved," said Wuschenny's lawyer Andrew Telford-Keogh. "I think something like this after a period of custody that long, to have it be over in the span of an hour's decision, it takes a bit to process."
Tedford-Keogh believes it was the proper ruling.
"There was a lot of, I think, assumptions that were made about the quality of the evidence that ultimately her honour found that were not sufficient to find Mr. Wuschenny guilty."
Wuschenny had been in custody for 33 months.