Maple Creek News
Garth Drever has been acquitted of a sexual assault allegation brought by a former employee at Cutting Edge.
Judge Alan Jacobson said the prosecution had not to met the threshold of guilt beyond reasonable doubt.
He also said Drever had been forthright in his denial of the charge, and had never wavered, despite being interrogated by a skilled and experienced police officer from Regina.
His decision was delivered at Maple Creek Court. The female complainant, whose name was subject of a publication ban, was not present.
Appearing for the Crown was Greg Lee, while the defence attorney was Matthew J. Schmeling.
At the trial in September, Judge Jacobson heard testimony from the complainant, excerpts from a podcast featuring her, and a recorded police interrogation of Drever.
The complainant said that between 2003 and 2005 she had been hired as a painter at Cutting Edge, which makes custom cabinet doors and is north of the tracks in Maple Creek. She then left to have a baby.
In 2012, the woman returned to Cutting Edge, this time working in the spray booth, painting and sanding. From time to time, she had an assistant.
On October 3, 2014, the woman said, Drever entered the spray booth as she was getting ready to go home at 3.30pm. She alleged that Drever placed an arm around her back – grazing her – and the other arm touched her breast.
She also claimed that on several occasions Drever slapped her on the behind with rolled-up material.
In delivering his decision, Judge Jacobson went over details of the case that emerged in the September hearing, which lasted nearly five hours.
He said there was plausibility to the complainant’s version of events and did not believe inconsistencies in her testimony were disastrous to her case.
The judge, however, said under the law the standard of proof for a conviction was very high. The Crown had to prove its case beyond reasonable doubt.
Judge Jacobson said Drever had steadfastly maintained his innocence while being interrogated by a Regina officer in Maple Creek.
The officer had questioned Drever from different angles, which included appealing to his religious beliefs, and raising the issue of divine judgement.
The questioning, however, did not elicit the reaction the officer was seeking.
Judge Jacobson said Drever had been clear and consistent in denying that he had touched the complainant inappropriately, and had not appeared “dodgy” in his responses.
It was impossible to know for certain what had happened. Therefore, said Judge Jacobson, the Crown had not met the threshold of proving its case beyond reasonable doubt.
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