RCMP Watch

Julie Horbal, Sun Media

A judge has reserved decision until Thursday in a he-said, she-said sexual assault trial involving two Mounties.

The two sides presented closing arguments yesterday, but Justice Glenn Joyal said he needs to re-examine the evidence and decide whether an “honest but mistaken belief” defence should come into play.

The accused, a 34-year-old officer stationed in Morris at the time of the alleged incident, did not claim such a defence.
He testified the sexual activity between himself and the 24-year-old female complainant was consensual.

The woman, who is based in Fisher Branch, alleged the man repeatedly touched her sexually and eventually engaged in intercourse at a Winnipeg house after a night of partying.

But in his closing remarks, defence attorney Hymie Weinstein suggested the complainant did not take any reasonable steps to stop the sexual contact.

“At no time during the hours in the bedroom does she yell, shout, scream, cry or, when he was between her legs, close her legs,” Weinstein told court.

He pointed out inconsistencies in the woman’s behaviour during the hours following the alleged assault.

WOMAN WAS JOVIAL

Two witnesses who also slept at the home told court on Tuesday that the woman was jovial the morning after and did not mention anything of an assault.

A third witness, who did not see the woman until she returned to Fisher Branch later that day, testified she appeared distraught but refused to photograph her alleged injuries and see a doctor.

Special prosecutor Marty Minuk argued the woman did not confide in those at the home because they were relatives of the accused.

Minuk said the alleged assault was simply “a case of a man wanting to have sex with a woman he believed to be drunk” and argued both an ordinary defence and that of mistaken belief are unbelievable.