Re: British sailors accused of sexual assault

by **Slider** Fri 05 Oct 2018, 7:58 am

Nurse surprised by complainant's injuries, sailor's sexual assault trial told

Aly Thomson, The Canadian Press
Published Thursday, October 4, 2018

British sailors accused of sexual assault - Page 2 Image

https://www.ctvnews.ca/canada/nurse-surprised-by-complainant-s-injuries-sailor-s-sexual-assault-trial-told-1.4121894

by Silveray Fri 05 Oct 2018, 9:39 pm

British sailor’s sexual assault trial adjourned until next week

By ALY THOMSONThe Canadian Press
Fri., Oct. 5, 2018

British sailors accused of sexual assault - Page 2 Sailor

https://www.thestar.com/halifax/2018/10/05/british-sailors-sexual-assault-trial-adjourned-until-next-week.html

by **Accer** Tue 09 Oct 2018, 3:57 pm

British sailor's sexual assault trial hears from police investigators

THE CANADIAN PRESS
Published Tuesday, October 9, 2018

https://atlantic.ctvnews.ca/british-sailor-s-sexual-assault-trial-hears-from-police-investigators-1.4126580

by **Zoneforce** Wed 10 Oct 2018, 2:43 pm

Court hears British sailor accused of sexual assault 'mooned' woman in barracks

THE CANADIAN PRESS
Published Wednesday, October 10, 2018

https://atlantic.ctvnews.ca/court-hears-british-sailor-accused-of-sexual-assault-mooned-woman-in-barracks-1.4128237

by Maxstar Thu 11 Oct 2018, 6:38 pm

Defence opens case at British sailor's sexual assault trial in Halifax

THE CANADIAN PRESS
Published Thursday, October 11, 2018

https://atlantic.ctvnews.ca/defence-opens-case-at-british-sailor-s-sexual-assault-trial-in-halifax-1.4130138

by Cypher Mon 15 Oct 2018, 7:42 pm

Complainant said she was going to 'sleep with' sailor, defence witness says

By Aly Thomson, THE CANADIAN PRESS
Published Monday, October 15, 2018

https://atlantic.ctvnews.ca/complainant-said-she-was-going-to-sleep-with-sailor-defence-witness-says-1.4135165

by RevForce Tue 16 Oct 2018, 8:19 pm

Alleged comments of woman who says she was gang raped admitted as evidence

By Michael MacDonald, THE CANADIAN PRESS
Published Tuesday, October 16, 2018

https://atlantic.ctvnews.ca/alleged-comments-of-woman-who-says-she-was-gang-raped-admitted-as-evidence-1.4136325

by Cypher Wed 17 Oct 2018, 7:50 pm

Defence closes case in British sailor's gang rape trial

Final arguments expected Thursday in Nova Scotia Supreme Court in Halifax

Blair Rhodes · CBC News · Posted: Oct 16, 2018

British sailors accused of sexual assault - Page 2 British-sailors-sex-assault-20180904

https://www.cbc.ca/news/canada/nova-scotia/defence-closes-case-in-british-sailor-s-gang-rape-trial-1.4865046

by **Proctor** Thu 18 Oct 2018, 3:10 pm

Defence lawyer questions credibility of woman who alleges she was gang raped

THE CANADIAN PRESS
Published Thursday, October 18, 2018

https://atlantic.ctvnews.ca/defence-lawyer-questions-credibility-of-woman-who-alleges-she-was-gang-raped-1.4139812

by RevForce Thu 18 Oct 2018, 7:35 pm

Young woman’s credibility at centre of gang rape trial in Halifax

MICHAEL MACDONALD
HALIFAX
THE CANADIAN PRESS
PUBLISHED: Oct 18, 2018

British sailors accused of sexual assault - Page 2 Images?q=tbn:ANd9GcQ8NP0yu5TDKtEHide9JgJpzkEuG-ZyAavBA8KNs7X4yMAW8ufuuiXRUnrJyfWHrLGPnGReXhFK

https://www.theglobeandmail.com/canada/article-young-womans-credibility-at-centre-of-gang-rape-trial-in-halifax/

by Spectrum Wed 16 Jan 2019, 7:11 pm

N.S. judge to deliver verdict in British sailor's gang rape case

Aly Thomson, THE CANADIAN PRESS
Published Wednesday, January 16, 2019

HALIFAX -- A decision is expected Friday in the high-profile case of a British sailor accused in a gang rape at a Halifax-area military base, even as the Crown mulls whether to reinstitute a sexual assault charge against a second member of the Royal Navy.

Darren Smalley, who is in his late 30s, is charged with sexual assault causing bodily harm and participating in a sexual assault involving one or more people in barracks at 12 Wing Shearwater on April 10, 2015.

The complainant testified at his trial last fall that she went to sleep next to a sailor, and later awoke face down and naked as at least three men sexually assaulted her.

Smalley was one of four British sailors originally charged.

Charges against Simon Radford were stayed early during the trial because he was being treated in hospital for an infection.

Prosecutor Cheryl Schurman said Justice Patrick Duncan's ruling in Smalley's case -- it was scheduled to be delivered Thursday but is now expected Friday -- may impact the Crown's decision on whether to resurrect the charges against Radford.

"A decision on whether to reinstitute the charges will be made before this October -- the expiry of the stay of proceedings," said Schurman in an email.

"The Crown will take into account all of the available information, including the decision in Mr. Smalley's case."

Charges against the other two men, Craig Stoner and Joshua Finbow, were dropped.

Several days into a preliminary inquiry in April 2016, charges were dropped against Stoner, while charges against Finbow were withdrawn in December 2017.

The Crown said the prospect of convicting Finbow became unrealistic after Duncan deemed his police statement inadmissible at trial.

Smalley was part of a Royal Navy hockey team that was in Halifax to compete in a tournament.

In his final submissions at the conclusion of the Nova Scotia Supreme Court trial, defence lawyer Ian Hutchison argued that the credibility of the complainant was undermined by inconsistencies in her testimony.

Hutchison told the court that all of the witnesses provided contradictory evidence, and that the woman's testimony contrasted sharply with what witnesses had to say about her behaviour.

However, Crown lawyers rejected that view, arguing the defence had largely relied on rape myths to bolster its case.

The woman, whose identity is protected by a publication ban, testified she was at Shearwater's Warrior Block barracks because her friend had invited her on a double date after meeting a British sailor on Tinder.

She testified she went to sleep in a bed next to Radford, and later awoke to at least three men sexually assaulting her.

The woman told police she couldn't see the men, but she was able to identify Smalley's voice.

The court heard swabs taken by a sexual assault nurse confirmed that semen found near her anus and on her underwear matched Smalley's DNA profile. The nurse also found bruising on the woman's shoulder, leg and groin area, and lacerations to her genitals and anal area.

The complainant testified that she became fearful earlier in the evening after she lost sight of her friend, but said she did not want to leave the barracks without her friend. She recalled being frantic in the unfamiliar building, which was filled with hockey players.

But Hutchison argued that every witness, including the woman's friend, told the court the complainant appeared happy and comfortable in her surroundings.

"Despite having this fear of being in an unsafe environment, she consumes alcohol and gets into bed with Mr. Radford," he told the court on October 19.

As well, Hutchison noted the woman gave Radford a kiss on the lips when she got into his bed, which she said was a way of saying thank you for letting her sleep there.

Schurman said it was wrong to infer that the kiss was important to the case.

"It does not mean she consented to group sex," Schurman said. "The kiss is a red herring."

Schurman also argued that the woman's outward behaviour was not necessarily inconsistent with how she was feeling inside.

She said the idea that the woman had a duty to flee the barracks should be understood as a rape myth.

"Regardless of how uneasy she was, she was under no obligation to flee," she argued.

Smalley did not testify at the judge-only trial.

https://atlantic.ctvnews.ca/n-s-judge-to-deliver-verdict-in-british-sailor-s-gang-rape-case-1.4256095

by Stanleyz Thu 17 Jan 2019, 1:27 pm

British sailor's gang rape case adjourned, verdict expected Friday

Aly Thomson, THE CANADIAN PRESS
Published Thursday, January 17, 2019

HALIFAX -- The high-profile case of a British sailor accused in an alleged gang rape at a Halifax-area military base has been adjourned until Friday.

Justice Patrick Duncan was scheduled to deliver his verdict in Darren Smalley's case Thursday in Nova Scotia Supreme Court, but he set the matter over until Friday to accommodate "court scheduling issues."

"I thank you for making the adjustments to accommodate us," Duncan told Crown and defence lawyers. "I apologize for any inconvenience to you, and to you Mr. Smalley, as well. I understand the pressures that exist in the circumstances."

Smalley is charged with sexual assault causing bodily harm and participating in a sexual assault involving one or more people in barracks at 12 Wing Shearwater on April 10, 2015.

The complainant testified at his trial last fall that she went to sleep next to a sailor, and later awoke face down and naked as at least three men sexually assaulted her.

Smalley was part of a Royal Navy hockey team that was in Halifax to compete in a tournament.

He was one of four British sailors originally charged.

Charges against Simon Radford were stayed early during the trial because he was being treated in hospital for an infection.

The Crown has said it will make a decision on whether to reinstitute the charges against Radford before the expiry of the stay of proceedings this October, and the verdict in Smalley's case may impact that decision.

Charges against the other two men, Craig Stoner and Joshua Finbow, were dropped.

Several days into a preliminary inquiry in April 2016, charges were dropped against Stoner, while charges against Finbow were withdrawn in December 2017.

The Crown said the prospect of convicting Finbow became unrealistic after Duncan deemed his police statement inadmissible at trial.

Smalley did not testify at the judge-only trial.

https://atlantic.ctvnews.ca/british-sailor-s-gang-rape-case-adjourned-verdict-expected-friday-1.4257514

by Xrayxservice Fri 18 Jan 2019, 8:47 am

Halifax judge expected to deliver verdict in British sailor's gang rape case

The Canadian Press
Published Friday, January 18, 2019

HALIFAX -- A verdict is expected today in the high-profile case of a British sailor accused in an alleged gang rape at a Halifax-area military base.

Darren Smalley is charged with sexual assault causing bodily harm and participating in a sexual assault involving one or more people in barracks at 12 Wing Shearwater on April 10, 2015.

Justice Patrick Duncan was scheduled to deliver his verdict Thursday in Nova Scotia Supreme Court, but he set the matter over until today to accommodate "court scheduling issues."

The complainant testified at Smalley's trial last fall that she went to sleep next to a sailor, and later awoke face down and naked as at least three men sexually assaulted her.

Smalley did not testify at the judge-only trial.

He was part of a Royal Navy hockey team that was in Halifax to compete in a tournament.

https://www.ctvnews.ca/canada/halifax-judge-expected-to-deliver-verdict-in-british-sailor-s-gang-rape-case-1.4258962

by **Accer** Fri 18 Jan 2019, 12:41 pm

Sailor found not guilty in Halifax sex assault trial

CTVNews.ca Staff
Published Friday, January 18, 2019 5:35AM EST
Last Updated Friday, January 18, 2019 11:06AM EST

https://www.ctvnews.ca/canada/live-updates-sailor-found-not-guilty-in-halifax-sex-assault-trial-1.4258962

by **Lincoln** Fri 18 Jan 2019, 7:26 pm

British sailor acquitted in gang rape case at Halifax-area military base

Aly Thomson, The Canadian Press
Published Friday, January 18, 2019 5:35AM EST
Last Updated Friday, January 18, 2019 3:59PM EST
HALIFAX -- A young woman hurriedly left a courtroom Friday after a judge questioned her credibility and acquitted a British sailor accused in an alleged gang rape at a Halifax-area military base.

Darren Smalley was charged with sexual assault causing bodily harm and participating in a sexual assault involving one or more people in barracks at 12 Wing Shearwater on April 10, 2015.

But Justice Patrick Duncan said he did not believe portions of the complainant's testimony and concluded the charges had not been proven beyond a reasonable doubt.

"It is my impression that the complainant was selective in how she presented her evidence of her conduct throughout the evening," Duncan said in Nova Scotia Supreme Court.

"She maximized that evidence which supported her narrative and minimized any events that might be inconsistent with her narrative."

Smalley, who is in his late-30s, showed no emotion after the verdict, while the young woman, who is in her mid-20s, wore a stern stare as she left with a group of supporters.

Outside of the courtroom, Smalley told reporters he was relieved.

"It's been four years of my life," said Smalley, wearing a grey suit and speaking quickly. "It's took a toll on me mentally and physically."

Ian Hutchison, Smalley's lawyer, said his client will now return to the United Kingdom and will be "moving on with his life."

"It's a very difficult day for him, it's a very emotional day. It's a difficult day for all the parties before the court this morning," said Hutchison.

The woman and a friend had met the men, members of a Royal Navy hockey team in Halifax for a tournament, through Tinder.

The complainant testified at Smalley's trial last fall that she fell unconscious while lying in bed next to a sailor, and later awoke face down and naked as at least three men sexually assaulted her.

Duncan said the complainant's testimony was inconsistent with the accounts of other witnesses who were inside the barracks that evening.

He said he did not accept her testimony that she lost consciousness, noting that she had not consumed enough alcohol or other substances to be impaired, nor was there any medical evidence to explain why she lost consciousness.

Duncan said her friend testified that when she came into the room after the alleged assault, the complainant expressed concerned that compromising photos were taken of her. He said that evidence indicated the complainant was fully alert at that time, and contradicted her testimony.

"It's impossible to know where the truth begins and ends in this matter," said Duncan, adding that he found the complainant's friend to be a more credible witness.

"Obviously something of a sexual nature occurred in that room. Maybe it was a criminal offence, maybe it was not. But without credible evidence, it is unsafe to convict."

Duncan said the complainant is intelligent and well-spoken, but characterized her testimony as "controlled."

"The degree to which she prepared herself as a complainant from the outset has undoubtedly influenced the manner in which she presented her evidence," he said.

"If demeanour was the only gauge of truthfulness of her testimony, than she would be viewed as highly credible, however demeanour is a notoriously poor gauge of truthfulness or reliability."

Prosecutor Eric Taylor said the Crown disagrees with Duncan that the complainant's testimony was not credible. He acknowledged the woman's loss of consciousness and the difficulty explaining it was a challenge for the prosecution.

"The credibility was the central factor in this case," said Taylor outside of court. "We felt the inconsistencies were minor and that the complainant's credibility was clear throughout, but the court found differently."

Smalley did not testify at the judge-only trial.

Four men had originally been charged, but charges were dropped against two of them before trial, while another man's case was stayed after he became ill.

Taylor said the Crown will make a decision on whether to reinstitute the charges against one accused, Simon Radford, before the expiry of the stay of proceedings this October, and Smalley's acquittal may impact that decision.

https://www.ctvnews.ca/canada/british-sailor-acquitted-in-gang-rape-case-at-halifax-area-military-base-1.4258962