Ex-coach found not guilty of sex assault
SARNIA, ONT. • A former high-ranking gymnastics coach was acquitted of sexual assault and sexual exploitation Wednesday after a judge found the testimony of the complainant sincere but said the police investigation into the case was severely flawed.
Dave Brubaker, the former head coach of the women’s national team, was accused of sexually assaulting a young gymnast years ago and had vehemently denied the allegations against him.
The trial heard that the sole investigating officer was related to the complainant and made her the godmother of his child during the course of the probe. Court also heard that the officer shared details of Brubaker’s police interview with the woman, who cannot be identified.
Justice Deborah Austin said the Crown’s case was damaged by the relationship between the complainant and the officer, who she said abandoned both his oath of impartiality and his oath of secrecy.
“I don’t criticize him for being a good friend ... I do criticize the decision to also at the same time take on the role of sole investigating officer in the case,” she said. “These things do affect the reliability of the Crown’s case. These issues cannot be ignored.”
Austin said, however, that none of her critique of the officer should be interpreted as an indictment of the complainant.
“She was forthright and appeared to be doing her best, generally,” the judge said. “It was sincere and genuine.”
At the beginning of the trial in October, the complainant, who is now in her 30s, testified that Brubaker would kiss her on the lips to say hello and goodbye starting when she was 12 years old.
She also said he touched her inappropriately during sports massages and spooned her in bed while taking naps before practice — allegations Brubaker strongly denied.
The former coach testified that while he did kiss the complainant on the lips, it was meant as a fatherly gesture. He also said he never took naps with the woman, and that the massages were necessary to alleviate the aches and injuries that come with being an advanced gymnast.