WARNING: This story accommodates particulars of sexual assault and should have an effect on those that have skilled sexual violence or know somebody affected by it.
Former Woodstock, Ont., mayor Trevor Birtch has been discovered responsible of two extra counts of sexual assault.
In a scathing verdict launched Wednesday, Superior Courtroom Justice Spencer Nicholson mentioned Birtch “lied ceaselessly and extravagantly, and insulted the court docket’s intelligence” throughout his testimony.
“I don’t consider the proof of Mr. Birtch. I discovered him fully unbelievable.”
Birtch confronted three prices of sexual assault in opposition to the identical girl in alleged incidents in August 2021, April 2022, and between January and April 2022.
He was discovered not responsible for the April 2022 sexual assault as a result of the survivor’s recollection was too obscure, Nicholson mentioned.
The lady has psychological in addition to bodily medical issues, and mentioned she ceaselessly used substances to manage, inflicting some reminiscence loss and confusion, Nicholson mentioned from the London courthouse. “I discovered her plausible,” he mentioned.
However the decide painted an unflattering image of the then former mayor, discovering Birtch equipped the lady with medicine and alcohol to make her extra weak to his sexual assaults.
“I discover that they used copious quantities of cocaine and alcohol whereas in one another’s firm. He was the one supplying the cocaine,” Nicholson mentioned. “Her drug dependancy was largely fed by Mr. Birtch.”
The survivor’s identification is protected by a publication ban. The 2 had been concerned whereas he was mayor and sat on the police providers board, which oversees the group.
Earlier responsible verdict, mistrial
Final 12 months, Birtch was discovered responsible of sexual assault and assault in opposition to a former girlfriend, however a mistrial was declared as a result of the decide discovered the politician’s rights had been violated when the Crown did not disclose proof used on the second trial that might have utilized to the primary.
On Wednesday, Nicholson mentioned the info from the primary case, or the circumstances surrounding the mistrial, didn’t impression his verdict.
“To place it mildly, it is a weird case,” the decide mentioned. “Every depend should be assessed by itself advantage. I need to not permit Mr. Birtch’s vile and offensive language to prejudice my choice.”
A number of the second trial revolved round December 2021 voice memos Birtch despatched to a good friend about torturing and sexually assaulting the complainant in his attic over a collection of days, which the complainant did not keep in mind. However Birtch’s “enthusiasm is palpable and disturbing” in describing the torture.
“Whereas it’s unlikely that the attic torture occurred, it’s clear he victimized her repeatedly. Her vulnerability made her the proper sufferer,” Nicholson mentioned.
Birtch would come over and purchase her groceries and items, in addition to cocaine and alcohol, and promised to assist her maintain her condo, the decide mentioned.
“It’s clear that he ceaselessly engaged in non-consensual sexual exercise” with the lady, Nicholson added.
The case will probably be again in court docket in Might to listen to a pre-sentencing report.
Discussions about subsequent steps within the proceedings that resulted in a mistrial are scheduled for Jan. 28.
Birtch faces an impaired driving cost that will probably be earlier than court docket Feb. 11.
Assist is on the market for anybody who has been sexually assaulted. You’ll be able to entry disaster traces and native help providers via this government of Canada website or the Ending Violence Association of Canada database. When you’re in rapid hazard or worry in your security or that of others round you, please name 911.
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