Man denies attacking woman

Man accused of attempted murder, sex assault

A20-year-old man accused of sexually assaulting a woman, then slitting her throat, says he was sleeping when the woman was attacked, and only learned of the incident after police banged on the door of his residence and woke him. The accused, who can't be named under a court-ordered publication ban because he was only 17 at the time, testified Friday in Lethbridge provincial court and repeatedly answered “no” when his lawyer asked him if he sexually assaulted a woman, cut anyone with a knife, or broke into a home May 3, 2015.

The man told court he had spent the previous night with his sister and friends, hung around downtown for a few hours just “killing time,” and went to a night club before returning to his sister’s southside suite with his sister and several others about 3 a.m. the next day. The group continued drinking in the home, but after they began arguing the accused decided he was “done with it” and fell asleep.

When he woke up it was to police banging on the door and asking if another man was in the home. After searching the home they left, but returned sometime later and arrested the accused because, he said, he was wanted on outstanding warrants.

He was interviewed and later charged with attempted murder, aggravated sexual assault, unlawful confinement, break and enter and commit sexual assault, uttering threats and robbery.

The Crown contends the accused broke into an apartment and sexually assaulted a woman. He then dragged her outside where he assaulted her again then slit her throat with a knife before fleeing.

During the trial, which began in December 2016, most of the evidence was presented during a voir dire — a trial within a trial — to determine the admissability of hearsay evidence. Defence lawyer Scott Hadford had argued the hearsay evidence should not be admitted because the woman who had her throat slit died of unrelated causes several months after the incident and can't testify or be questioned during trial. A second witness for the Crown also died, forcing the Crown to rely on the evidence of police officers who spoke to the witnesses and recorded their statements.

Last November Judge Gregory Maxwell accepted a majority of the statements given to police, and the Crown concluded its case. The trial was adjourned to Friday when the accused testified before defence wrapped up its case.

During cross examination, Crown prosecutor Lisa Weich suggested the accused got into an argument with his sister while everyone was drinking at her house, then he walked around the block. He approached the victim’s apartment, which he recognized from previous visits with his father, then climbed over the balcony and entered the unlocked door.

The accused repeatedly denied the Crown’s allegations, and said he wasn’t familiar with the apartment building and had never been there before.

He also explained that blood police found on his clothes could have come from a fight he had with two men several days earlier. But evidence presented during the trial indicates the victim's DNA was found on the accused and his clothing, which coincides with the victim’s statements to police.

The matter has been adjourned to Feb. 20 when the Crown and defence are expected to provide their closing arguments and submissions for sentencing.