Gymnast made false abuse claim: defence

SARNIA,ONT.•Aformer her goodbye. She said he would also pick her up from school and take her to his house, where he would occasionally spoon her in bed and tickle her belly before driving her to practice.

Ducharme argued that wasn’t possible because Brubaker’s wife was nearly always home at the same time, but the Crown said the coach’s spouse couldn’t have always been present so there still would have been opportunity for such naps.

“If you accept the (complainant’s) evidence,” Rows said, “the only logical inference is that the touching of the bum and the touching of the stomach in the bedroom context was of a sexual nature for which the complainant did not provide consent.”

He also said the woman’s evidence that Brubaker groped her while hugging her goodbye should be believed.

Ducharme noted, however, that the woman couldn’t remember which hand Brubaker used to reach behind her.

Brubaker’s defence lawyer also called into question the legitimacy of the police investigation into his client, noting that the only officer to probe the case was a close friend and relative of the complainant. That officer cannot be named to protect the identity of the alleged victim.

“(The officer’s) investigation was not appropriate,” Ducharme said. “His investigation lacked all professional distance.”

Ducharme suggested that the officer fed the complainant allegations to bring against Brubaker.

“He cajoled a favourable statement from her,” the defence lawyer said.

Justice Deborah Austin is expected to deliver her decision on Feb. 13.