Sexual assault trial concludes with acquittal

While acknowledging an Oliver man had an “unusually close” relationship with a boy he was accused of molesting, a judge in Penticton ruled Monday that suspicions alone weren’t enough to convict him.

“Having reviewed all of the evidence — more than once, I will say — I have concluded that I cannot be sure what happened,” B.C. Supreme Court Justice Alison Beames said before acquitting T.B. of three charges.

“I do not know who to believe. That means that the Crown has failed to prove its case beyond a reasonable doubt.”

The complainant’s family was visibly upset by the decision.

“Are you f——-g me?” his mom exclaimed as the judge left the courtroom.

As his client waited inside the courtroom for the crowd to clear afterwards, defence counsel Don Skogstad expressed concern for the complainant.

“Let’s hope this is the first day this kid can get his life back after six years,” Skogstad said.

T.B., whose full name is subject to a publication ban meant to protect the complainant’s identity, was accused of sexual interference, invitation to sexual touching and sexual assault between June 2011 and August 2012.

The complainant, now 15, testified at trial last week that he and T.B., a family friend, spent an increasing amount of time together during the period in question, including taking trips to Kelowna and having sleepovers in T.B.’s bedroom, where some of the sex acts were alleged to have occurred.

T.B. in his testimony flatly denied having any sexual contact with the complainant.

Beames found there were “numerous inconsistencies” in the complainant’s evidence – more so than would be expected from a child — and by contrast that T.B. was unshakeable on the witness stand.

She also noted T.B. tried to clear his name long before trial.

“The accused without legal advice gave a full statement to police about the relationship he had with the complainant almost a month before the complainant made his disclosure,” Beames said.

“The accused did so because he was told there was a rumour circulating in the community the accused had molested the complainant. His response was to contact the police and to volunteer a statement.”

In conclusion, the judge found there was simply not enough evidence to convict.

“There is no question that the close relationship between the accused and the complainant — a child 11 years younger than him — was unusually close, and that the extent of the relationship — even to the extent admitted by the accused — is at least enough to raise suspicions,” said Beames.

“However, as I have already said, the Crown must prove its case beyond a reasonable doubt. Suspicions are not enough.”

I do not know who to believe. That means that the Crown has failed to prove its case beyond a reasonable doubt. Justice Alison Beames