Peter Nygard's attorney is requesting the dismissal of his upcoming sexual assault trial in Winnipeg, citing lost evidence from the 1990s. Nygard, a former fashion mogul, appeared via video link in a Winnipeg courtroom on Monday. His lawyer, Gerri Wiebe, filed a motion for a stay of proceedings, arguing that the lack of documentation from police interviews has compromised Nygard's right to a fair trial.

The allegations against Nygard involve an incident that reportedly occurred in November 1993 at his warehouse apartment in Winnipeg. The woman involved, whose identity is protected by a publication ban, claims Nygard sexually assaulted her. She initially reported the incident to police in 1993 and later spoke with officers in Vancouver. The Winnipeg police reopened the investigation in 2020.

Court documents reveal that the woman told police in 1993, "I am safe. I am fine. I will be fine." Following her report, an officer from the North Vancouver RCMP contacted her for further information. During the investigation, police were unable to locate any notes or records from their discussions with her, which Wiebe argues is a significant oversight.

Wiebe stated that the RCMP officer informed Winnipeg police that the woman had expressed concerns about feeling watched and suspected she had been drugged at a social gathering. The officer also noted that there was uncertainty about the possibility of pursuing charges due to a lack of evidence.

Provincial court Judge Mary Kate Harvie remarked on the unusual nature of the officer's statement, suggesting that it indicated a need for further investigation. Wiebe emphasized the lack of clarity regarding how records were stored and the retention policies of the North Vancouver RCMP office.

Wiebe is urging the court to recognize what she describes as unacceptable negligence and to dismiss the case. If the motion is denied, the trial is set to proceed in December.

Nygard is currently serving an 11-year prison sentence after being convicted in Ontario of four counts of sexual assault related to incidents from the 1980s to the mid-2000s. He is appealing that conviction and also faces separate charges of sexual assault and forcible confinement for incidents alleged to have occurred in Montreal between November 1997 and November 1998.