The defence lawyer representing 色色啦 Coun. Michael Thompson at his protracted sex assault trial has accused one of the two complainants of faking an illness and unfairly delaying yet another proceeding, more than six months after the trial first opened last fall.
鈥淭his has been a tortuous process for Mr. Thompson,鈥 Leora Shemesh told Ontario Court Justice Philop Brissette who was sitting in Barrie court Thursday.
The alleged sexual assaults took place at a Muskoka cottage on Canada Day weekend in 2022, and the trial itself began last October. Since then, Shemesh noted, evidence has been heard over non-consecutive days spread out over months, and previously at the Bracebridge courthouse.
Shemesh was set to continue her cross-examination of the second complainant on Thursday. The woman previously testified, in February, that the 65-year-old politician forced himself on her late at night while she was a guest at the cottage. Another woman alleges he touched her inappropriately while applying sunscreen. Thompson has pleaded not guilty to two counts of sexual assault.
But the woman didn鈥檛 show up in person on Thursday, and instead appeared via Zoom. She told court she suffers from health issues that cause her lower legs and feet to swell, preventing her from putting on shoes.
Shemesh, who was in court with Thompson, asked the woman if she could wear flip flops, to which she said no. The lawyer then asked if she would turn her camera onto her feet so court could see. At first the woman agreed, then changed her mind.
鈥淚t鈥檚 very demeaning for you to ask me to turn the camera on to my feet for the court so my answer is no I will not to do that,鈥 she replied. The woman, who said she takes prescribed medication for the condition, also refused to send a photo with a timestamp.聽
鈥淚 don鈥檛 want to give you a picture, I don鈥檛 want to do any of that, so no,鈥 she said.
The woman鈥檚 identity is covered by a standard publication ban meant to protect alleged victims of sexual assault.
At one point, Shemesh asked that the woman be placed in a Zoom breakout room and told the judge she believes, 鈥渢his is a fabrication and (the complainant) simply does not wish to attend.鈥 Shemesh noted it is the second time she was unable to attend court due to illness.聽
Brissette declined her request to order the woman to send a photo, noting he was in no position to determine if her feet 鈥渨ere sufficiently swollen.鈥
Crown attorney Mareike Newhouse told the judge there was no reason to doubt 鈥渢he veracity of what she鈥檚 said she鈥檚 physically unwell, you can hear it in her voice, see it in her face, to suggest she鈥檚 fabricating ... obviously I don鈥檛 share that view and there is no foundation for it.鈥
She added the first time the woman was too ill to come to court, she provided a doctor鈥檚 note.
Both lawyers flagged to the judge concerns about the continued delays in the trial. Under Section 11(b) of the Charter, any person charged with a criminal offence has the right to be tried within a reasonable time, which the Supreme Court of Canada has set at 30 months.
A defence lawyer can ask for a stay of proceedings if it can be shown that the delay is excessive and unreasonable.
The judge agreed that woman appeared legitimately unwell, and adjourned the case to May 1.
