Local man gets one month in jail for obstruction of justice
Updated 1 year ago
ROLAND CILLIERS
Today staff
A Fort McMurray man was sentenced to one month of jail time Friday after being found guilty earlier this month of two out of 13 charges relating to alleged incidents of sexual assault.
The accused, who can’t be named due to a court-ordered publication ban on his name, was found guilty of obstruction of justice and common assault but was found incident on all other charges including the five sexual assaults.
The trial, which ran June 8-19, heard the complainant testify that she had been routinely beaten and sexually assaulted over the course of an almost two-year relationship. In one such incident, she testified to being tied down to a futon and having various objects placed inside her anus and vagina while the accused took pictures.
When the accused took the stand, he admitted to a single act of assault, but said in all of the alleged incidents of sexual assault the complainant consented to or even initiated them.
In delivering his verdict June 18, Judge G.A. Verville said he found the accused's testimony trustworthy but felt there were inconsistencies in the complainant's evidence.
“He described what might be considered a rather sick and perverted relationship but asserted it was consensual,” said Verville about the accused's testimony. “He gave his evidence in a calm and straightforward manner with respect to what he could and couldn't remember. On the other hand the evidence the complainant gave was not compelling and was at times contradictory.”
Both the accused and the complainant testified that their sexual relationship regularly involved taking photos, being tied up and sex in places like local churches.
“Having heard all of the evidence I have no doubt that much of the activity occurred. However, I am not satisfied that it was non-consensual,” said Verville when delivering the verdict June 18.
The obstruction of justice charge came as the result of a meeting the accused had with an undercover police officer several months after the original sexual assault charges were laid. In a recorded video of the meeting the accused meets with the officer, who offers to “take care of a problem” for him that had led to sexual assault charges. The accused turns down the offer and leaves without even providing a name of who the “problem” was.
The Crown argued that at this meeting the accused was attempting to hire a hitman to murder the complainant so that she couldn't testify against him at the upcoming sexual assault trial. The accused said he only wanted someone to intimidate the accused so she would drop the charges and he wouldn't have anyone murdered.
Judge Verville ruled the accused never says he wants anyone killed in the video but that his admittance of wanting someone to intimidate her is a confession of the lesser obstruction of justice charge.
The guilty verdict for the charge of common assault was the result of an incident outside of Diggers Variety Club, where the accused admitted to pushing the complainant down several times and dragging her out of his truck by the neck or shirt.
The accused was found not guilty of five counts of sexual assault, two counts of sexual assault with a weapon, and one count each of bodily harm to overcome resistance in the commission of an offence, threatening and counselling to commit murder.
