Tim Shields is on trial for one count of sexual assault. (Black Press files)

Complainant to describe sexual comments in former Mountie’ case

Crown allegations include list of times Tim Shields allegedly harassed complainant

The judge in Tim Shields’ trial ruled Monday that any sexual comments made by Shields towards the complainant prior to the time of an alleged sexual assault would be admissible in court.

Shields, a former RCMP spokesperson, is on trial for one count of sexual assault connected to an alleged incident in an E Division headquarters bathroom in fall of 2009. He has pleaded not guilty and the judge-alone trial is being heard in provincial court in Vancouver.

In prior testimony, the Crown has sought to prove that Shields was in a position of authority over the complainant.

READ: Complainant at former Mountie’s sex assault trial was ‘taken aback’ when she was told to report to him

The complainant – whose name is covered by a publication ban – was scheduled to appear in court Monday morning to continue her testimony but did not, citing exhaustion from caring for her spouse. The court was told that her husband had needed emergency medical care on Friday, causing the trial to be delayed by a day.

Monday morning, Judge Patrick Doherty told Crown counsel Michelle Booker that the 24-hour care that the complainant said she needed to provide her husband was a nurse’s job and that “she’s not a nurse.”

The complainant is now scheduled to appear Tuesday at 9:30 a.m.

Shields’ defence lawyer David Butcher told the judge he was concerned this wouldn’t be the last time the complainant missed court. Butcher warned that if it happened again, he would apply to have the case dismissed.

“My client has been under charge for over a year,” said Butcher. “We’ve been pushing and pushing to have this case finished.”

READ: First witness takes stand at former Mountie Tim Shields’ sex-assault trial

During a morning break, Butcher said he expected the complainant to need to be brought in by police, but when the trial adjourned for lunch, Booker said the complainant would be in court Tuesday morning.

Last Thursday, Doherty had ordered Booker to provide the court for Monday morning a list of alleged instances of sexual harassment. Booker’s list included allegations that Shields had told the complainant that he was attracted to her; asked if she was attractive to him; asked if she liked oral sex and told her how he would perform it; told her that he imagined sex with her; and asked her to wear lower cut tops.

When arguing that the evidence should be admissible, Booker said it is needed to establish context for the judge: that sexual advances were made upon the complainant by Shields while they worked together in the RCMP’s strategic communications department. The judge ruled partially in Booker’s favour during a break Monday; as long as the alleged sexual comments happened prior to the alleged bathroom assault, they are admissible in court.

Both Doherty and Butcher had challenged Booker to establish a timeline of the alleged incidents during Monday morning’s session. Booker said she had not spoken to to complainant in enough detail to provide the information.

“You have some pretty salacious allegations,” the judge told Booker, adding that at the very least the complainant should know which incidents happened before or after the alleged assault in the bathroom.

Butcher took issue with the Crown’s inability to provide even approximate dates during which the alleged incidents occurred.

“The complainant has not been clear on dates,” Butcher said. “The complainant has variously said that the bathroom incident occurred in 2009, 2010 or 2011.”

The trial, which began June 7, was expected to take three weeks.

Note: An earlier version of this story referred to the complainant and Crown Counsel Michelle Booker’s client. This is incorrect; she is the complainant, not a client.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Verdict to be delivered December 15 for three on trial in Anahim murders

The fates of Christian Craciun, Andrew Jongbloets, and Serena Rhem (Mack) will be decided on December 15 at 10am.

‘I fell asleep’ admits second mate in Nathan E. Stewart fuel spill

The tug spilled more than 100,000 litres of diesel off B.C.’s northern coast

Northwest’s new MRI hits milestone

Stakeholders celebrate 500th scan of diagnostic imaging device

Heiltsuk Nation announces plan to establish Indigenous Marine Response Centre

The Heiltusk have since released a report entitled Creating a World-Leading Response Plan

Acwsalcta cultural staff to use black bear for traditional teachings

The remains of a euthanized bear were donated to the Acwsalcta School for cultural teaching

VIDEO: Best photos of the Supermoon 2017

At its closest, the Frost Moon was about 363,300 km away from the Earth

Site C decision coming Monday

Premier John Horgan to announce fate of dam project at B.C. legislature

VIDEO: Vancouver Whitecaps acquire star striker Kei Kamara

Kamara has 103 goals and 39 assists in 298 appearances over 11 Major League Soccer seasons

Smartphone pedometers underestimate steps, but valuable health tool: study

UBC researchers found the iPhone underestimated steps by 21.5 per cent

VIDEO: ‘Last Jedi’ premiere kicks off with droids, Daisy Ridley

Latests Star Wars film premiered in style ahead of Dec. 15 theatre debut

UPDATE: Poor ventilation likely cause of carbon monoxide incident at B.C. farm

All 42 patients have been released from hospital, according to Delta Fire

BC Lions part ways with three coaches

These are the first personnel moves made by new general manager Ed Hervey

VIDEO: B.C. to end geographic area rent increases, close fixed-term lease loopholes

Both clauses allowed landlords to raise rents above the max annual allowable rent increase

Most Read