Kelowna piano teacher acquitted of sexually assaulting a young student during private lessons

A provincial court judge has found a 55-year-old Kelowna piano teacher not guilty of charges of sexual assault and sexual interference involving a young student after hearing testimony from both individuals. 

In presenting the ruling in court last month, Judge Andrew Tam said the Crown’s evidence against Neil Nein-Nein Wong did not prove the allegations beyond a reasonable doubt — the threshold necessary for a conviction.

The judgment in mid-June followed several days of testimony involving Wong and his accuser.

CBC News is not publishing the age or gender of the student to protect their identity.

The child answered questions virtually from a room at the Kelowna Child Advocacy Centre, telling the court Wong touched them inappropriately multiple times during lessons held at Wong’s home over several months in 2021.

Accused denied inappropriately touching student during lessons

Taking the stand in his defence Wong denied the allegations, telling the court he only touched the student when he used his hand to adjust their posture at the piano bench.

Wong also denied the Crown’s allegation he sexually touched the student when they hugged at the end of lessons, saying he was only responding as any adult would to the hugs that were initiated by the child. 

In acquitting Wong, Tam explained that it wasn’t his job to determine who was telling the truth, but rather to decide if the Crown proved its case beyond a reasonable doubt, which he said it hadn’t.

‘Not a credibility contest’

“At a criminal trial it is always useful to be reminded that it is not a credibility contest,” Tam said.

“The court does not ask itself whether it believes it is [the student] or Mr. Wong who is more likely to be telling the truth.” 

Acquitting someone accused of a crime does not mean they are innocent nor does it mean the court thinks the complainant is lying, Tam explained, saying “it simply means the case has not been proven beyond a reasonable doubt. It means no more than that.”

During the trial the student’s mother testified she found out about the touching allegations while driving with her child in their car in early 2022. 

The family cancelled future piano lessons with Wong and contacted the RCMP, she explained.

The court heard that Wong had a customer base of 25 piano students that quickly dropped to only two after the RCMP announced criminal charges against him. 

Neil Nein-Nein Wong was previously handed an 18-month conditional discharge after pleading guilty to one count of voyeurism when he was a high school music teacher in Kelowna, B.C. (B.C. Ministry of Health newsletter)

During the trial the child told the court they were worried about other children who also took piano lessons from Wong. 

In reading out his decision, Tam said he had no issue with the student’s credibility and said the acquittal did not mean they were lying or that their evidence should be rejected.

“[The student] seemed honest and sincere and tried [their] hardest to answer the questions truthfully,” Tam said.

However, Wong’s evidence, Tam said, was also “clear and concise. His answers were thoughtful and responsive. There were no internal inconsistencies in his evidence … As a result I cannot reject his evidence beyond a reasonable doubt.” 

In closing, Tam added the court’s guiding philosophy is that it is better to acquit 10 guilty people than to convict even one innocent person.

Previous charge of voyeurism

What wasn’t presented during the trial was Wong’s departure from a career in public education.

More than a decade ago Wong was found guilty of voyeurism by a provincial court judge and sentenced to an 18-month conditional discharge while he was working as a music teacher at a Kelowna high school.

Wong was suspended by School District 23 in 2013 and resigned from his position in 2015, according to a teacher’s regulation branch document. 

According to the decision, in 2016 Wong agreed to the cancellation of his teaching certificate.