Sexual assault trial postponed
Delay as court deals with ‘external matter’
The sexual assault trial of 28-year-old Max Vivian was postponed Friday after an unexpected issue arose in proceedings.
Newfoundland and Labrador Supreme Court Justice David Hurley did not explain the issue to the 12 members of the jury, but acknowledged the inconvenience of the postponement.
Vivian’s trial had been scheduled to wrap up Friday afternoon.
“I have no choice in the matter,” Hurley explained. “This is an external matter that has nothing to do with defence counsel or Crown counsel. It’s not the fault of counsel or (the accused).”
Crown prosecutor Alana Dwyer wrapped up her case mid-week after calling five witnesses to testify. Defence lawyer Mike King has called three witness to the stand so far. He has indicated Vivian will also likely testify.
Vivian has pleaded not guilty to sexual assault causing bodily harm. It’s alleged he assaulted a woman in his St. John’s apartment Sept. 2, 2015.
The woman, now 30, told the court she and Vivian had been casual acquaintances and had reconnected online in the preceding weeks, switching to a texting relationship and making a plan to get together to have sex.
The woman took a taxi to Vivian’s apartment from out of town, with the plan to stay for two nights.
She told the court she and Vivian engaged in consensual sexual activity, but she asked him to stop when he grew aggressive, grabbing and biting her breasts.
She said he grabbed her by the hair and pushed her into his bedroom, forced her onto the bed and had intercourse with her despite her repeatedly asking him to stop.
He then left, she said, and she gathered her belongings and took photos of her injuries before leaving and walking to a nearby school, where she unsuccessfully called her expartner to pick her up, before her cellphone battery died. She said she then went back to Vivian’s apartment and charged her phone enough to call a taxi to pick her up and take her out of town.
The woman said she went to the hospital in Clarenville two days later, and was transferred to St. Clare’s in St. John’s, where she underwent a sexual assault exam.
The exam revealed extensive bruising to the woman’s breasts as well as bruising on her wrist.