Inmate found not guilty of sexual assault in shower

An inmate at the Cape Breton Correctional Centre was found not guilty Monday of sexually assaulting another inmate in the shower.

Morgan James MacNeil, 26, previously pleaded guilty to assaulting the inmate and will be sentenced Dec. 11.

Provincial court Judge Amy Sakalauskas issued the verdict, having presided over the trial that heard testimony from three witnesses, the accused, the victim and a corrections officer.

It was alleged that during an eightsecond period, MacNeil was to have entered the shower area naked, jumped on the back of the other inmate and inserted his thumb in the inmate’s anus.

The name of the complainant is banned from publication.

It was alleged the sexual assault occurred at the facility, located in Gardiner Mines, between Aug. 24-25, 2015.

“Not once was there any physical contact in that shower between me and the complainant. None whatsoever,” testified MacNeil.

The victim, who is transitioning from male to female, testified MacNeil was not invited into the shower and that she hurt her hand in trying to hit her attacker but struck a wall.

MacNeil is serving two federal sentences, one for two armed robberies and another for manslaughter. He is being housed at the facility in Gardiner Mines in order to be closer to a lawyer.

MacNeil is also to return to provincial court Nov. 20 for a plea on charges relating to a disturbance at the correctional centre.

He is charged with two counts of assault involving guards and single counts of participating in a riot, uttering a threat, hostage taking (involving another inmate), possession of a weapon (a shank), and mischief (property damage).

The offences are alleged to have occurred June 6.