WARNING: This story accommodates particulars of sexual assault and will have an effect on those that have skilled sexual violence or know somebody affected by it.
Former Woodstock, Ont., mayor Trevor Birtch has been discovered responsible of two extra counts of sexual assault.
In a scathing verdict launched Wednesday, Superior Court docket Justice Spencer Nicholson mentioned Birtch “lied continuously and extravagantly, and insulted the courtroom’s intelligence” throughout his testimony.
“I don’t consider the proof of Mr. Birtch. I discovered him utterly unbelievable.”
Birtch confronted three charges of sexual assault towards the identical woman in alleged incidents in August 2021, April 2022, and between January and April 2022.
He was discovered not responsible for the April 2022 sexual assault as a result of the survivor’s recollection was too imprecise, Nicholson mentioned.
The girl has psychological in addition to bodily medical issues, and mentioned she continuously used substances to manage, inflicting some reminiscence loss and confusion, Nicholson mentioned from the London courthouse. “I discovered her plausible,” he mentioned.
However the choose painted an unflattering image of the then former mayor, discovering Birtch equipped the girl with medicine and alcohol to make her extra weak to his sexual assaults.
“I discover that they used copious quantities of cocaine and alcohol whereas in one another’s firm. He was the one supplying the cocaine,” Nicholson mentioned. “Her drug habit was largely fed by Mr. Birtch.”
The survivor’s identification is protected by a publication ban. The 2 had been concerned whereas he was mayor and sat on the police providers board, which oversees the group.
Earlier responsible verdict, mistrial
Final yr, Birtch was discovered responsible of sexual assault and assault towards a former girlfriend, however a mistrial was declared as a result of the choose discovered the politician’s rights had been violated when the Crown did not disclose proof used on the second trial that would have utilized to the primary.
On Wednesday, Nicholson mentioned the info from the primary case, or the circumstances surrounding the mistrial, didn’t impression his verdict.
“To place it mildly, this can be a weird case,” the choose mentioned. “Every rely have to be assessed by itself benefit. I have to not permit Mr. Birtch’s vile and offensive language to prejudice my determination.”
Among the second trial revolved round December 2021 voice memos Birtch despatched to a buddy about torturing and sexually assaulting the complainant in his attic over a sequence of days, which the complainant did not keep in mind. However Birtch’s “enthusiasm is palpable and disturbing” in describing the torture.
“Whereas it’s unlikely that the attic torture occurred, it’s clear he victimized her repeatedly. Her vulnerability made her the proper sufferer,” Nicholson mentioned.
Birtch would come over and purchase her groceries and presents, in addition to cocaine and alcohol, and promised to assist her hold her residence, the choose mentioned.
“It’s clear that he continuously engaged in non-consensual sexual exercise” with the girl, Nicholson added.
The case might be again in courtroom in Might to listen to a pre-sentencing report.
Discussions about subsequent steps within the proceedings that led to a mistrial are scheduled for Jan. 28.
Birtch faces an impaired driving cost that might be earlier than courtroom Feb. 11.
Help is offered for anybody who has been sexually assaulted. You’ll be able to entry disaster strains and native assist providers by means of this authorities of Canada web site or the Ending Violence Affiliation of Canada database. If you happen to’re in rapid hazard or worry to your security or that of others round you, please name 911.
