A Morinville junior high school teacher accused of sexually assaulting two students has been acquitted on all charges, a judge decided Friday.
"I have a very significant doubt that the touching…ever occurred," said Judge Brian Fraser. "The evidence…is unreliable."
Michael Dubas says he is relieved to be cleared of the charges.
"I'd just like to have my life back," he said.
During an hour of closing arguments Friday morning, the defence maintained the complainants made up their stories and that one of them had been reprimanded several times by Dubas. The defence said she made up a story about Dubas putting his hand under her shirt because she wanted to get him in trouble.
On Thursday, Dubas told the court that he was relieved there was surveillance video where he taught at G.H. Primeau School hoping investigators would review the tape.
A great deal of testimony earlier in the week centered in on video images from the school surveillance cameras. One of the alleged victims told court that on October 8th, 2009, she was groped by Dubas as she waited by a friend's locker after school.
Video images mounted near the spot where one of the complainants said an incident happened were played out during court proceedings showing Dubas in the hallway. But the defence stressed that nowhere on the tape was Dubas shown putting his arm on anyone.
"This kind of evidence is a gift from God for the defence. It's as good as it gets for us," defence lawyer Brian Vail told court Friday.
Dubas told court Thursday he knew where the cameras were but didn't know where they pointed. He describes the two girls who both gave testimony earlier in the trial that Dubas had inappropriately touched them, as "typical students".
He said he had a number of issues with one of the girls before he was charged.
Later in court Thursday, students who went to the school with the complainants took the stand. Two of them told the court about a conversation that happened a the end of a class in October 2009 -- the day before Dubas was charged.
"I overheard [one of the complainants] speaking to her friends about a plan to lie about Mr. Dubas touching her inappropriately," one witness said.
Another witness testified, "She sounded like it was a big joke...she was laughing and giggling."
A third witness said she heard a group of girls scheming in the change room weeks before.
"One suggested if they put their stories together they could get him fired," she said.
Dubas' lawyer said one of the complainants had motive to fabricate the assault. Dubas explained a number of run-ins he had with the one of alleged victims before charges were laid.
He told the court about a confrontation over outstanding work needed before report cards were scheduled to be sent out. He also detailed an incident involved alleged plagiarism, and turning away one of the alleged victims from gym class because her clothing was too revealing.
The first complainant testified that in February of last year, Dubas came up behind her in the school hallway, put his hand on her shoulder, then under her shirt, and touched her breast.
The female told the court the incident happened during class time when the other students and staff were not in the hallway.
The Crown dismissed suggestions that the two complainants made false accusations because they wanted him fired.
"I can tell you that if I had thought they were lying, I would have never put them on the stand," said Crown prosecutor Karen Thorsrud.
When the charges were first laid, Dubas was suspended from his teaching position with pay. He is now the subject of an investigation by the Greater St. Albert Catholic School Board.
"For the public to know that we are certainly dotting our I's and crossing our T's in looking at every aspect of this," said Superintendent David Keohane.
Dubas says he hasn't decided if he'll go back to teaching.
"I just need some time now to be with my family."
The students who made unproven allegations will not face any consequences. School board officials say they hesitate to do so in case it discourages future students from coming forward with legitimate complaints.
The Crown says it is too early to decide whether an appeal will be pursued.
With files from Laura Tupper
