Former RCMP spokesperson Tim Shields leaves court Wednesday with one of his attorneys. (Katya Slepian photo)

Former RCMP spokesperson Tim Shields leaves court Wednesday with one of his attorneys. (Katya Slepian photo)

Not-guilty verdict for ex-RCMP spokesperson Tim Shields

A former civilian employee had accused the former Mountie of sexually assaulting her in a bathroom

Former RCMP spokesperson Tim Shields has been found not guilty of one count of sexual assault.

Judge Patrick Doherty made the ruling at provincial court in Vancouver Wednesday morning.

“A criminal trial is not a credibility contest,” the judge cautioned the courtroom as he explained the reasoning behind his decision.

Doherty’s arguments focused on the reliability of the witnesses’ testimony, not their credibility, he said, adding that to judge the credibility of a sexual-assault complainant veers into a “myth and stereotype defence” that is not permissible in court.

In describing both witnesses, he said he found that the complainant “presented poorly as a witness”; that she was “combative” during cross-examination and did not always answer the questions.

Doherty said that Shields was largely a better witness, willing to at times concede points that were not in his favour, but that he was “evasive” on occasion.

“The issue that I must decide is whether Crown has proven beyond a reasonable doubt that Mr. Shields sexually assaulted [the complainant] by touching her sexually without her consent, or alternatively, whether the defence had an honest but mistaken belief in consent,” Doherty said.

The judge found that Shields did not use his position of authority to force the complainant into a detachment washroom.

“There is no evidence that [the complainant’s] consent was vitiated by virtue of Mr. Shields’ authority relationship over her,” Doherty said.

The complainant, a former civilian employee at the RCMP whose name is protected by a publication ban, alleged that Shields sexually assaulted her in a Vancouver RCMP headquarters bathroom in 2009. Shields’ lawyer, David Butcher, had painted the encounter as consensual.

There was no disagreement between Crown and defence that a sexual encounter occurred, Doherty noted.

“Counsel of behalf of Mr. Shields… submits that [the complainant] fabricated the sexual-assault allegations to advance a claim for compensation,” the judge said. “He submits that [the complainant] is a fraud and a liar.”

The complainant reported a sexual assault to police in 2015 and Shields was criminally charged in May 2016 with one count of sexual assault. In December 2016, the complainant settled a civil sexual-harassment claim against Shields and the RCMP.

Doherty said the complainant’s delay in reporting the incident did not play against her credibility.

He said that both the delay and the complainant’s friendly interactions with Shields post-encounter were “consistent” with that of a woman hoping to not jeopardize her career.

Doherty went over both sides’ versions of the day the bathroom encounter took place.

Shields had said that it started with friendly, flirtatious and sexually charged behaviour in his office before naturally moving into the bathroom.

The complainant had testified that she followed Shields in the bathroom unknowingly, as she would have followed anyone.

“I simply do not know who to believe on this point,” the judge said minutes before rendering his decision.

Doherty said both bathroom accounts – Shields’ that it was a consensual sexual encounter where the complainant was a “willing and eager participant,” and the complainant’s that she was “frozen,” scared and just wanted to get out – were plausible.

Earlier, Doherty noted that everyone is innocent until proven guilty, and that it is Crown who must prove beyond a reasonable doubt that any assault occurred.

He said that although the complainant’s recollection of what happened in the bathroom was trustworthy, her inability to remember what happened after Shields allegedly placed her hands on his genitals and asked her to perform oral sex on him caused the judge “some concerns about the reliability of her evidence regarding the bathroom incident.”

Defence alleged that after that, she “enthusiastically” took part, Doherty noted. When defence suggested that version of events, the judge said, the complainant told the court that if this occurred, “it was worse than (she) realized” and that “he forced her to do it.”

Doherty said the Crown did not adequately explain the gap in the complainant’s memory.

“There may be many reasons why [the complainant], as an alleged victim of sexual assault, would have such a gap in her memory,” said Doherty. “I certainly do not fault her for having memory gaps, but it is not for me to speculate why such a gap exists.”

BC Prosecution Service communications counsel Dan McLaughlin said in a media scrum outside court that there is no immediate decision by the Crown to appeal the judgment.

Shields and his legal team declined to comment on the trial following the verdict. The complainant did not attend court beyond the times she was called as a witness, and was not present for the judgment.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Police on the scene of a homicide in South Surrey’s Morgan Heights neighbourhood earlier this month. (Tracy Holmes photo)
Crime Stoppers received more than 500 tips related to gang activity in 2020: report

Metro Vancouver organization “urging local residents to keep providing anonymous tips”

In 2017, a member of the Disneyana Fan Club curated a small Community Treasures exhibit at the Museum of Surrey about the early days of Disney and the cartoonist Walt Disney. The museum is now accepting applications for its 2022 Community Treasures exhibition. (Photo: Submitted)
Museum of Surrey wants to spotlight local organizations and clubs

Museum now accepting applications for its 2022 Community Treasures exhibit

The cover of Golf 101 with Bob Dimpleton (left), an instructional book created by South Surrey golf pro Mark Kuhn (inset). Right, a page from the book detailing what to do if your ball lands on the cart path. (Contributed images)
South Surrey golf pro releases new edition of popular instructional book

Mark Kuhn’s Dimpleton family returns in updated Golf 101 e-book

An electric vehicle charging station in front of Hope’s municipal hall, district hall. (Photo: Emelie Peacock/Hope Standard)
40 electric vehicle charging stations planned for Surrey

Funding coming from all three levels of government

Musician Dana Vande is seen in a screenshot from a music video on Youtube. Vande recently released a pro-lockdown track in response to an Eric Clapton and Van Morrison anti-lockdown track.
Cloverdale musician writes pandemic response song to Van Morrison and Eric Clapton

Dana Vande answers a Clapton-Morrison anti-lockdown track with a pro-lockdown track

B.C. Representative for Children and Youth Jennifer Charlesworth (Black Press files)
B.C. watchdog says mentally ill children and youth retraumatized in hospital

The number of children held under the Mental Health Act has increased an alarming 162 per cent in past decade

People wearing face masks to curb the spread of COVID-19 walk past a window display at a store in downtown Vancouver, on Sunday, December 13, 2020. The association representing businesses across Metro Vancouver says the costs of COVID-19 continue to mount for its members.THE CANADIAN PRESS/Darryl Dyck
Greater Vancouver business organization says members face uncertain outlook in 2021

Many Greater Vancouver businesses are barely treading water as they enter 2021

A new video from NCCIH and BC Northern Health titled ‘Healing in Pandemic Times: Indigenous Peoples, Stigma and COVID-19’ was animated by Joanne Gervais. (Photo Provided By: NCCIH Archives)
VIDEO: Stigma against Indigenous people is a ‘social sickness’

A new short animated video is aiming to educate the public on the stigmatization

A pinniped was attacked by an unseen predator off the shores of Dallas Road Monday night. (Courtesy of Steffani Cameron)
VIDEO: Seal hunting, not being hunted in video shot off Victoria waterfront

Victoria woman captures footage of pinniped activity off Dallas Road

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Prime Minister Justin Trudeau provides an update on the COVID-19 pandemic from Rideau Cottage in Ottawa on Tuesday, Jan. 11, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Prime Minister Justin Trudeau provides an update on the COVID-19 pandemic from Rideau Cottage in Ottawa on Tuesday, Jan. 11, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Trudeau vows to keep up the fight to sway U.S. on merits of Keystone XL pipeline

Canada’s pitch to the Biden team has framed Keystone XL as a more environmentally friendly project than original

The British Columbia Hotel Association (BCHA) sent out a sharply worded release late last week, in which it noted that the Tourism Industry Association of BC recently obtained a ‘legal opinion’ on the matter (Alex Passini photo)
Hotel associations push back against any potential ban on inter-provincial, non-essential travel restrictions

B.C. Premier John Horgan is seeking legal advice on banning non-essential travel

Abbotsford’s Canwest Aero Inc. is offering two pilot training scholarships to celebrate the company’s opening at the Abbotsford International Airport
Abbotsford aviation company offering two free pilot scholarships

Canwest Aero Inc. giving away pair of scholarships valued at $2,500 each

JaHyung Lee, “Canada’s oldest senior” at 110 years old, received his first dose of the COVID-19 vaccine on Thursday, Jan. 14, 2021. He lives at Amenida Seniors Community in Newton. (Submitted photo: Amenida Seniors Community)
COVID rapid tests in long-term care key during vaccine rollout: B.C. care providers

‘Getting kits into the hands of care providers should be a top priority,’ says former Health Minister

Most Read