Lawyer says client cheater, not rapist
He may be a cheater, but a Cochrane man is no rapist, his Calgary lawyer said Friday. Defence counsel Andrea Urquhart said Justice Sandra Hunt McDonald should acquit her client of the sexual assault charge and find that the sexual encounter he had with a roommate while his wife slept was consensual.
But Crown prosecutor Britta Kristensen said the Court of Queen’s Bench judge should accept evidence from the woman that she was repeatedly raped the morning of June 22, 2011.
That’s when Urquhart’s client came to her basement room where she was staying with the accused and his common-law wife, a longtime friend of hers.
Urquhart said the accused, who can’t be identified to protect the complainant’s identity, should be believed when he said he’d gone to the woman’s bedroom to apologize for telling her she had to move out quickly. The then- 40-year-old said after he apologized he palced his hand on her and they began making out. Urquhart said her client was a believable witness, even admitting he didn’t like the complainant living in the basement.
But Kristensen said the accused’s dislike of the fact his common-law wife’s friend was sharing their home was enough to discredit his claim they had consensual sex.
The woman testified the accused came to her room to ask for a smoke, but instead raped her.
He returned three times to assault her again.
Hunt McDonald will hand down a verdict Feb. 20.
Kevin Martin, The Calgary Sun
24 January 2015