Lethbridge Courthouse (Lethbridge News NOW)

By Lara Fominoff

Upcoming trial

Judge to rule whether to allow testimony via CCTV in upcoming historic sex assault trial

Jul 29, 2019 | 2:55 PM

LETHBRIDGE, AB – A Lethbridge judge will decide Tuesday, July 30, whether two complainants/witnesses who are expected to testify in a second historical sex assault case involving a 50-year-old man from Raymond, may do so via CCTV.

Back in March, the man was convicted of three counts of sexual assault, and one count of indecent assault in relation to crimes that occurred between Oct. 1980 and Aug. 1986.

In June, he was sentenced to 60 days in jail to be served on weekends, with an additional 30 days to be served in the community under supervision. He was also sentenced to 12 months of probation globally, to be served concurrently with his other sentence.

While the upcoming sex assault trial involves alleged offences involving him as an adult, the man’s name can not be released because of his connection to previous convictions. Some of the allegations against him also involve the same complainants.

The second trial is expected to take place in November.

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During a voir dire in Court of Queen’s Bench Monday, Crown Prosecutor Erin Olsen asked Justice Johnna Kubik to consider allowing one of the witnesses to give her testimony via CCTV.

She told the court that the woman would lose work time, would have difficulty finding childcare, and that the trial is not complicated by the need for things like DNA evidence or video evidence.

The woman would also only be required to testify for about an hour.

The Defense, led by lawyer Robert Bissett told Justice Kubik that it values personal testimony.

Further, because of the nature of the allegations and the history of the case, it would be best to assess the testimony in person, and that the case may hinge on the woman’s credibility. Testifying via CCTV may also impede the defense’s ability to adequately cross-examine her.

However, Olsen replied that credibility and demeanor can be misinterpreted even when someone is testifying in person.

Justice Kubik reserved her decision Monday, but expects to make a ruling Tuesday morning (July 30).

Background

According to Picture Butte RCMP, they were contacted by a victim in September of 2016 who reported that when she was a child, she had been sexually abused by a man known to her. Through their investigation, police say three additional women came forward with allegations that they had suffered similar assaults.

All the alleged offences occurred in the 1980s and 1990s, with incidents beginning when the accused was a youth and continuing into adulthood.