By Patrick Burles - @PatrickBurles on Twitter

Witness statements admitted into attempted murder trial

Nov 15, 2017 | 2:12 PM

LETHBRIDGE – Evidence that had previously been covered under a publication ban has now been admitted into an attempted murder and aggravated sexual assault trial.

The accused cannot be named, as he was 17-years-old at the time of the alleged offence.

The decision to admit the evidence came Wednesday, Nov. 15, following a voir dire that examined the admissibility of two witness statements. The voir dire was part of the trial, which to this point has been heard in two stages, both in December 2016 and September 2017.

Concerns regarding the statements centred around the fact that both the alleged victim and her step-father – who was also a witness – died of unrelated causes before the trial could begin. It was noted that the statements were not provided under oath and neither was cautioned by a police officer.

Following a significant period to deliberate on the voir dire, Judge Greg Maxwell explained that both individuals provided spontaneous statements that were voluntary, carefully recorded by police and which were strongly substantiated by each other and the physical evidence found at the scene.

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Maxwell also reviewed the statements, beginning with the 45-year-old alleged victim.

In the early morning hours of May 3, 2015, she reported that she was staying at her step-father’s apartment along the 2100 block of Palm Road South, and was sleeping on his couch.

She woke up to find a man on top of her and having sex with her, and that some of her clothing had been removed. She asked him to stop, and her step-father also asked what was going on from his bed, which was nearby. She said the man then pulled her up, removed all of her clothes as he dragged her to the door with his arm around her neck, grabbing a serrated kitchen knife as he guided her out the door. The woman explained that her step-father could only watch as he was in poor health and used a walker.

Once outside, she said the man pushed her to the ground and started sexually assaulting her again on the front steps of the apartment building. The man then cut her throat with the knife and took off. With help from her step-father, she was able to get a towel around her neck and they found someone to call 911.

She told police that she had never met the man before, and while she had seen his face, she couldn’t describe him.

The woman’s step-father recounted the experience from his perspective as well in a police statement and identified the attacker, although it was noted that the first name he provided is not that of the accused. He later picked the accused out of a photo line-up, saying, “Yes, this is him. He raped my daughter and he slit her throat.”

The address he provided to police led them to the accused, where they found the victim’s blood on the youth.

After hearing Maxwell’s decision, the Crown stated that their case is now closed. Defence lawyer, Scott Hadford, said he would need some time to speak with his client and decide whether they would call any evidence before proceeding to closing arguments.

Hadford will provide that decision to the court on Nov. 22, at which time it will be decided how much time will be needed to conclude the trial and a new date will be set.