A man alleging his masseur tried to give him oral sex initially told police he wasn’t sure what sort of contact occurred as he lay naked in a spa, a court heard Tuesday.

Elias Elhitti, 41, is charged with sexual assault. His accuser — whose name is protected by a publication ban — alleges Elhitti offered him a free massage in an unsolicited Facebook message and then tried to sexually service him on Nov. 19, 2008.

Though the man testified he felt Elhitti’s lips and “moistness” as he lay on the massage table — eyes covered by cream and a mask — he told a slightly different story to police.

Const. Violeta Dimova took a statement from him the night of the alleged assault.

“I could see tears in his eyes,” she said. “He was very upset and ashamed for what he had to tell me.”

He told her he was unsure if Elhitti touched him with his mouth or a “creamy hand.” In a written statement, he didn’t mention of oral sex.
Defence lawyer Michael Smith tried to chip away at more of the man’s credibility by cross-examining his childhood friend. That man virtually fell to pieces when asked if he’d prefer to swear his oath on a holy book or to affirm.

Smith patiently guided him through his December 2008 police statement. The alleged victim had told his friend that Elhitti was indifferent as to whether the man should be naked for his massage. The alleged victim has testified he asked Elhitti whether he should strip.

The trial continues...