Complainant says defendant previously tried to assault her
Court will address admissibility of woman’s statement today
The trial of a St. John’s cab driver charged with sexually assaulting a female passenger is expected to begin today with the court addressing the complainant’s testimony that he had previously tried to assault her years ago.
The woman, 44, made the comment during cross-examination by defence lawyer Robert Hoskins Tuesday, May 10, on Day 2 of the trial of Robert Layman, 72.
After a discussion between Hoskins, prosecutor Renée Coates and Newfoundland and Labrador Supreme Court Justice Vikas Khaladkar, the trial proceeded, with the court planning to address on Wednesday the admissibility of the woman’s statement, which had not formed part of the Crown’s evidence.
The woman, who has a medical condition affecting her mobility, hearing and sight, used a laptop to type her testimony, which was then projected onto a screen on the courtroom wall. She told the court she had received treatment at St. Clare’s hospital for breathing issues in June 2017 and, upon her discharge, a nurse had called a cab to take her home. Layman, a driver for Newfound Cabs, was the one who responded to the call and came around to assist as the nurse helped the woman from a wheelchair into the back seat of the taxi.
The woman testified Layman had insisted on helping her in her home, despite her protests, and came inside, ignoring her shouts for him to get out. He sexually assaulted her on her couch and raped her in her bedroom, she testified, crying as she typed the details.
The court heard Wednesday from Royal Newfoundland Constabulary forensics officer Sgt. Cynthia Crocker, who presented photos of clothing, a bedsheet and a towel she had seized from the woman’s home for testing. Swabs collected at the hospital when the woman underwent a sexual assault exam had also been sent to a forensic crime lab for analysis, Crocker explained, as was a sample of Layman’s DNA collected by police with a warrant, six months later.
She explained the sterilization process involved in the collection, photographing and packaging of the exhibits.
A report from the lab indicated DNA on a swab of the woman’s cervix included a partial male profile that was matched to Layman, Crocker testified, with the determined probability of the DNA coming from someone else to be one in 6.5 trillion.
On cross-examination, Hoskins asked Crocker specifics about the handling of evidence when it comes to avoiding their contamination, and the process involving in sending exhibits to the national lab — which doesn’t generally accept all items requested by police at once — as well as the type of DNA found on the tested swab.
“No semen had been identified on the cervical swab, correct?” Hoskins asked. “Correct,” Crocker replied. Hoskins asked the police officer whether investigators typically look for fingerprints or shoe prints at a crime scene; she said yes, but none were determined suitable for seizure and analysis in this case.
Coates’ next witness will be a sexual assault examination nurse. The Crown and defence have said they will each call their own forensic DNA expert to testify as the trial continues.