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The court dismissed Mr. Hasan’s s. 525 detention review, finding continued detention justified on the tertiary ground despite a revised surety plan and disclosure delays.
The trial judge failed to properly assess the reliability of the complainant by mischaracterizing the reason for delayed disclosure and by not addressing the undermining effect of the father's suggestive elicitation coupled with his found unreliability; because no reasonable trier of fact could reliably determine the circumstances of disclosure, the conviction was unreasonable and an acquittal was entered.
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