Sydney man found guilty of sexual assault

SYDNEY — A Sydney man will be sentenced in January after being found guilty on a single count of sexual assault.

Harry James Warner, 25, of Englewood Crescent was charged in connection with an incident July 8, 2018, that occurred at a cottage in Baddeck.

Supreme Court Justice Robin Gogan delivered the verdict Friday after hearing evidence in a trial held in September after which she reserved decision.

The victim and a police officer testified on behalf of the Crown while the defence called only one witness, the mother of the accused.

Following the verdict, prosecutor John MacDonald requested Gogan remand Warner pending sentence, to which defence lawyer Peter Mancini objected, noting his client has recorded no breaches of his release conditions on the charge.

Gogan ruled against the Crown motion and reminded Warner to continue to obey his release conditions.

Gogan said she found the testimony of the victim to be direct and forthright and that her answers to question during cross-examination further enhanced her credibility.

Trial evidence indicated that Warner and the female first met on a social-media site before arranging to meet in person. Warner did not give the woman his real name.

The pair meet in a restaurant parking lot in Boularderie before taking a drive to a property in Mira and then to Gabarus before spending the night at a cottage in Baddeck. The properties are owned by Warner’s family.

It was during her overnight stay in Baddeck that the victim testified Warner sexually assaulted her despite persistently asking him to stop.

She went to work later in the day and returned to the cottage. In arriving, she told the court that Warner was getting angry with her so she left.

The following day she again returned to the cottage in a bid to tell Warner she wanted to end the contact.

She filed a complaint with police in August.

Gogan noted there were certain events to which the victim had no recollection or was confused as to the sequence of events.

The victim explained she suffers from post-traumatic stress disorder, from an unrelated event, which can sometimes affect her memory.

Gogan said while the victim admitted to sometimes getting confused, she gave clear and concise evidence detailing the assault.

“She was credible and readily admitted things she could not remember. She had clear recall of critical events,” said the judge.

Sentencing is now scheduled for Jan. 18.