The Massage That Led To An Unhappy Ending..
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...
A man alleging he was given surprise oral sex during a massage at a Bank St. spa didn’t understand that a massage was code for “man on man action,” a court heard Wednesday.
Elias Elhitti, 41, taking the stand to defend himself from the sexual assault charge, denied massaging or fellating the 29-year-old.
The man, who cannot be named, says Elhitti lured him to the spa on Nov. 19, 2008 after Elhitti promised him a free massage.
In a Facebook message, Elhitti told the man he needed to build up his experience to get professional certification.
“This was strictly a prank joke on my part to see if (the man) was gay or not,” Elhitti said.
He sent the message to two other men, who never replied.
Elhitti figured the man was gay when he replied, “I’d be interested,” but forgot to cancel the appointment.
The man became furious after he came to the spa and Elhitti confessed, he said.
Crown prosecutor Walter de Venz was puzzled.
“I need to ask you whether or not this is a code,” he said.
“It’s not a book code,” Elhitti replied. “Basically, that’d be almost like man on man action.”
De Venz asked why Elhitti would add details about his quest for professional certification.
“Did you ever think that (the man) might take your offer seriously?” de Venz said.
“That’s the prank,” Elhitti said.
Elhitti conceded the man was attractive but denied wanting to have sex with him.
“It’s only the curiosity of a gay man,” he said.
“Is there a book on this?” de Venz asked.
The man has said Elhitti was a stranger, but Elhitti said the man had used his spa’s tanning bed three times before.
A former employee also testified that Elhitti had introduced her to the man at a bar.