BARRIE, Ont. — Kassidi Coyle took her own life before she could testify against the man she accused of sexually assaulting her, but statements the Ontario woman made to friends and police shortly after the alleged incident will be admitted as evidence at his trial, a judge has ruled.
In a ruling delivered just before the trial was set to begin, Ontario Court Justice Robert Gattrell said Coyle — who he identified only as K.C. — spoke to her friends in the “immediate aftermath” of the alleged incident and didn’t have time or motive to fabricate the allegations against Shawn Roy, nor is there evidence that she was impaired at the time.
I find that there are sufficient circumstantial and evidentiary guarantees that the statements in question are inherently trustworthy and they will be admitted.Court Justice Robert Gattrell
Furthermore, the 20-year-old’s statements to a 911 operator and to police investigators were recorded, which allows the court to assess her demeanour, the judge wrote. And the results of a rape kit corroborate her perception of physical contact and “the nature of that contact,” he wrote.
“I find that there are sufficient circumstantial and evidentiary guarantees that the statements in question are inherently trustworthy and they will be admitted,” he wrote.
Roy’s lawyer, David Wilcox, had argued that the statements should be excluded because Coyle cannot be cross-examined on several aspects of her account, the document shows. He suggested Coyle may have misperceived what happened.
Wilcox said Thursday that the ruling will affect how his client chooses to proceed and asked that the start of the judge-alone trial, which was scheduled for that day, be postponed. It is now set to begin on Dec. 12.
Coyle allegedly woke up with someone in her bed
The identity of sexual assault complainants is typically protected by a publication ban but Coyle’s family has said they fought so that her name could be made public.
The ruling lays out what Coyle told others happened in the early morning of July 1, 2016. She and two friends had gone to the drive-in and returned to the home where one friend lived with her father, the document says. Sometime after midnight, they were asked to go pick up the father’s roommate and Roy, who was a friend.
The group arrived back at the house around 3 a.m. and some stayed up playing pool, it says. Coyle went to bed almost immediately in a room that had been …read more
Source:: The Huffington Post – Canada Travel