The Telegram (St. John's)

Sexual assault trial postponed

Delay as court deals with ‘external matter’

- BY TARA BRADBURY tara.bradbury@thetelegra­m.com Twitter: @tara_bradbury

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.

 ?? TARA BRADBURY FILE PHOTO/THE TELEGRAM ?? Max Vivian during a court appearance earlier this week.
TARA BRADBURY FILE PHOTO/THE TELEGRAM Max Vivian during a court appearance earlier this week.

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