Former Spitfire Ben Johnson headed back to jail after appeal dismissed

Johnson was found guilty of sexually assaulting a 16-year-old girl in the bathroom of a downtown bar and sentenced on Oct. 25.

Former OHL player was out on bail while awaiting word on his appeal

Former Spitfires player Ben Johnson was found guilty of sexually assaulting a 16-year-old girl in the bathroom of a downtown bar and sentenced on Oct. 25. (Meg Roberts/CBC)

Former Windsor Spitfire Ben Johnson is headed back behind bars after efforts to appeal his three-year prison sentence were dismissed Tuesday.

Johnson was found guilty of sexually assaulting a 16-year-old girl in the bathroom of a downtown bar and sentenced on Oct. 25.

Days later, prominent Toronto lawyer James Lockyer filed a notice of appeal claiming the verdict was "unreasonable."

"The trial judge erred ... by improperly making a finding of fabrication," wrote Lockyer in his notice, adding "the trial judge misapprehended evidence in rejecting [Johnson's] account of the incident in the bathroom stall."

The lawyer confirmed to CBC News Tuesday evening his client's appeal was dismissed during a court appearance in Toronto.

Johnson was out on bail while awaiting word on his appeal.