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

#MeToo at work: Employers play a role in fixing culture of harassment

B.C. workplaces are getting ahead of being the next MeToo debacle, calling on experts to train staff

Antique dealer relocates to South Surrey

‘Contacts are everything,’ says business owner Scott Landon

Owl found dead in South Surrey after eating rat poison

‘Who’s to say a kid’s not going to be the next one to go?’

Surrey woman reportedly shot

RCMP responded to the 16100-block of 92 Avenue at 7:30 p.m. after reports that a woman had been shot

UPDATE, with video: Man in his 80s hit by SUV at Scott Road near 72nd in Surrey

Victim was reportedly unconscious and suffering from major head injuries

SLIDESHOW: PAN’s week in pictures

Highlights from this week’s Peace Arch News

VIDEO: balloons and games and music at Basic for Babies in Langley

Event helps Food Banks stock supplies for infants

Kamloops RCMP warning public to stay away from unfolding domestic dispute

The public is being asked to avoid Sabiston Creek Road off of the highway

Change to CPP death benefit panned as insufficient to cover funeral costs

Funeral Services Association of Canada lobbied governments to raise the value to $3,580

B.C. woman brain injured in crash as a baby gets $1.1 million in damages

Trial heard the woman was 16 months old, being carried by her mother when they were both hit

Court denies WestJet’s bid to toss out discrimination lawsuit of former worker

Mandalena Lewis is suing WestJet over allegations of gender-based discrimination

VIDEO: 3 months later, rescued sea lion released back into ocean

The young animal was found in Campbell River three months ago

Sagmoen neighbours recall alleged hammer attack

Woman was screaming outside Maple Ridge townhouse in 2013

Most Read