Cape Breton Post

British sailor’s medical issue delays sex assault trial in Halifax

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The trial for two British sailors accused of sexually assaulting a woman at a Halifax-area military base was delayed Tuesday because one of the accused was in hospital.

Darren Smalley and Simon Radford are charged with sexual assault causing bodily harm and participat­ing in a group sexual assault in barracks at 12 Wing Shearwater in April 2015.

Their trial was scheduled to start Tuesday morning in Nova Scotia Supreme Court, but defence lawyer David Bright informed Justice Patrick Duncan that Radford was in hospital in Halifax.

Bright says his client was injured in the United Kingdom and suffered a torn artery, but he was not sure exactly why Radford was in hospital Tuesday.

He says Radford had undergone X-rays and blood work, and “he’s been keeping in touch.” Duncan adjourned the trial until today. About six weeks have been set aside for the judge-alone trial.

Crown lawyer Eric Taylor told the court he expects to call about 12 witnesses, and that the lead investigat­or will testify first.

A pre-trial decision issued by Duncan says the men, members of the Royal Navy, were participat­ing in a naval hockey tournament in Halifax in April 2015.

It says the complainan­t, whose identity is protected by a publicatio­n ban, reported to Halifax Regional Police that she was sexually assaulted.

The investigat­ion was then reassigned to the Canadian Forces National Investigat­ive Service.

Both Smalley and Radford are not in custody, but are under strict bail conditions.

The Crown had originally charged four men, but charges against two of the sailors have been dropped.

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