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Home » Hamilton » Defence at Hamilton constable’s assault trial argues {sex} between him and fellow officer was consensual
Hamilton

Defence at Hamilton constable’s assault trial argues {sex} between him and fellow officer was consensual

January 19, 20254 Mins Read
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Defence at Hamilton constable's assault trial argues sex between him and fellow officer was consensual
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Warning: This story references sexual assault and ideas of suicide, and comprises graphic language

The defence within the trial of a Hamilton police constable continued cross-examination of the lady who has accused him of sexual assault, questioning the police officer Friday about inconsistencies in occasions she stated occurred and arguing that the 2 have been concerned consensually.   

The 28-year-old woman was questioned by the Crown on Tuesday, when she testified she went to Jeffrey Turnbull’s home the night of the alleged assault in March 2022 as a result of she panicked when he messaged her about killing himself. 

The girl, whose id is protected beneath a publication ban, testified Turnbull despatched her inappropriate messages and touched her with out her consent over a four-month interval earlier than he raped her in his basement.

On the third day of cross-examination, defence lawyer Joanne Mulcahy stated Friday the lady by no means raised something about suicide in 2022 interviews she gave to inner Hamilton police or investigators with Ontario’s Particular Investigations Unit (SIU). The lawyer learn from interview transcripts by which the lady stated Turnbull guilted her into coming over by telling him his kids wished to see her and his canine. The primary time she talked about suicide, Mulcahy stated, was in a December 2024 interview with the Crown. 

Mulcahy stated the lady created a justification for coming over as a result of she knew folks would surprise why she proceeded to take action.

The girl responded: “Speaking about being raped is just not a simple factor to do and it takes time.”

Turnbull has pleaded not responsible to 1 depend of sexual assault within the Ontario Courtroom of Justice trial being heard by Justice Jennifer Marie Campitelli in Hamilton.

‘He made me scared to return ahead’

At factors throughout Friday’s cross-examination, which began Wednesday, Mulcahy referred to transcripts of the lady’s interviews with investigators and the Crown, and her testimony earlier this week, mentioning cases by which she described occasions inconsistently or stated she was mistaken about timing. 

For instance, Mulcahy questioned the lady’s earlier testimony, by which she stated Turnbull informed her she might get in bother at work if she reported something about them. 

“He made me scared to return ahead and I nearly did not,” the lady stated Friday.

Mulcahy learn 2022 transcripts of interviews with investigators by which the lady stated Turnbull made her really feel she could be disbelieved or reprimanded for reporting points as a result of that had occurred to him. In these interviews, she didn’t allege he was referring to them particularly. 

Defence says officers kissed, sexted  

All through cross-examination, the defence has stated the Hamilton Police Service officers sexted and talked about kissing — each denied by the lady.  

On Friday, Mulcahy described an alternate model of the undesirable touching and sexual assault that the lady testified about on Tuesday. She stated the pair kissed consensually at work and met exterior of labor to kiss consensually once more. Mulcahy additionally stated the lady’s recounting of a sexual assault was false.

When the lawyer stated to the lady on Friday that she had verbally consented to have {sex} with Turnbull whereas in his basement, she denied it — among the many a number of occasions she’s stated she stated no to the constable. 

Mulcahy learn in court docket from transcripts of the lady’s 2022 interview with police investigators by which she stated that sooner or later, she stopped saying no and questioned if Turnbull thought she was consenting. 

The girl stated Friday that that did not matter. “I stated no as soon as. One is all you want.” 

Const. Jeffrey Turnbull is on trial for sexual assault on the John Sopinka Courthouse in Hamilton. He has pleaded not responsible. (Aaron Lynett/Canadian Press)

On Tuesday, the lady testified that after she was assaulted in Turnbull’s residence, she didn’t see him till they have been again at work.

On Friday, Mulcahy stated the lady really visited Turnbull twice the weekend of the alleged assault: On the Saturday once they had {sex} and once more on the Sunday to deliver her canine over to see his kids.  

Mulcahy has requested the lady about messages the 2 exchanged, similar to one a few espresso order, suggesting they did not make sense if she wished area from him. The girl has stated she performed together with Turnbull to dissuade him from messaging her extra, although he made her uncomfortable. 

“I’d do what I needed to do to ensure my life wasn’t depressing at work,” she stated. 

Mulcahy recommended she has tried to cover that a lot of their conversations have been “good.”

The defence didn’t end its cross-examination on Friday, so the decide informed Turnbull his trial would proceed on the Hamilton courthouse on April 28. The justice, the Crown and defence dedicated to looking for one other listening to date earlier than then. 

For anybody who has been sexually assaulted, there may be help accessible by disaster traces and native help companies by way of the Ending Violence Affiliation of Canada database.

 



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