Former RCMP spokesperson Tim Shields leaves court Wednesday with one of his attorneys. (Katya Slepian photo)

UPDATED: Not-guilty verdict for ex-RCMP spokesperson Tim Shields

A former civilian employee had accused the former Mountie of sexually assaulting her in a bathroom

Former RCMP spokesperson Tim Shields has been found not guilty of one count of sexual assault.

Judge Patrick Doherty made the ruling at provincial court in Vancouver Wednesday morning.

“A criminal trial is not a credibility contest,” the judge cautioned the courtroom as he explained the reasoning behind his decision.

Doherty’s arguments focused on the reliability of the witnesses’ testimony, not their credibility, he said, adding that to judge the credibility of a sexual-assault complainant veers into a “myth and stereotype defence” that is not permissible in court.

In describing both witnesses, he said he found that the complainant “presented poorly as a witness”; that she was “combative” during cross-examination and did not always answer the questions.

Doherty said that Shields was largely a better witness, willing to at times concede points that were not in his favour, but that he was “evasive” on occasion.

“The issue that I must decide is whether Crown has proven beyond a reasonable doubt that Mr. Shields sexually assaulted [the complainant] by touching her sexually without her consent, or alternatively, whether the defence had an honest but mistaken belief in consent,” Doherty said.

The judge found that Shields did not use his position of authority to force the complainant into a detachment washroom.

“There is no evidence that [the complainant’s] consent was vitiated by virtue of Mr. Shields’ authority relationship over her,” Doherty said.

The complainant, a former civilian employee at the RCMP whose name is protected by a publication ban, alleged that Shields sexually assaulted her in a Vancouver RCMP headquarters bathroom in 2009. Shields’ lawyer, David Butcher, had painted the encounter as consensual.

There was no disagreement between Crown and defence that a sexual encounter occurred, Doherty noted.

“Counsel of behalf of Mr. Shields… submits that [the complainant] fabricated the sexual-assault allegations to advance a claim for compensation,” the judge said. “He submits that [the complainant] is a fraud and a liar.”

The complainant reported a sexual assault to police in 2015 and Shields was criminally charged in May 2016 with one count of sexual assault. In December 2016, the complainant settled a civil sexual-harassment claim against Shields and the RCMP.

Doherty said the complainant’s delay in reporting the incident did not play against her credibility.

He said that both the delay and the complainant’s friendly interactions with Shields post-encounter were “consistent” with that of a woman hoping to not jeopardize her career.

Doherty went over both sides’ versions of the day the bathroom encounter took place.

Shields had said that it started with friendly, flirtatious and sexually charged behaviour in his office before naturally moving into the bathroom.

The complainant had testified that she followed Shields in the bathroom unknowingly, as she would have followed anyone.

“I simply do not know who to believe on this point,” the judge said minutes before rendering his decision.

Doherty said both bathroom accounts – Shields’ that it was a consensual sexual encounter where the complainant was a “willing and eager participant,” and the complainant’s that she was “frozen,” scared and just wanted to get out – were plausible.

Earlier, Doherty noted that everyone is innocent until proven guilty, and that it is Crown who must prove beyond a reasonable doubt that any assault occurred.

He said that although the complainant’s recollection of what happened in the bathroom was trustworthy, her inability to remember what happened after Shields allegedly placed her hands on his genitals and asked her to perform oral sex on him caused the judge “some concerns about the reliability of her evidence regarding the bathroom incident.”

Defence alleged that after that, she “enthusiastically” took part, Doherty noted. When defence suggested that version of events, the judge said, the complainant told the court that if this occurred, “it was worse than (she) realized” and that “he forced her to do it.”

Doherty said the Crown did not adequately explain the gap in the complainant’s memory.

“There may be many reasons why [the complainant], as an alleged victim of sexual assault, would have such a gap in her memory,” said Doherty. “I certainly do not fault her for having memory gaps, but it is not for me to speculate why such a gap exists.”

BC Prosecution Service communications counsel Dan McLaughlin said in a media scrum outside court that there is no immediate decision by the Crown to appeal the judgment.

Shields and his legal team declined to comment on the trial following the verdict. The complainant did not attend court beyond the times she was called as a witness, and was not present for the judgment.

Just Posted

VIDEO: Merry and Bright at Abbotsford’s Sevenoaks Shopping Centre

Holiday celebration running at Abbotsford mall daily until Dec. 24

Identity confirmed of body found in torched vehicle in Abbotsford

Sukhdev Dhaliwal, 48, had rented the Chevy Tahoe before his death last month

Mission man dies at CP Rail yard in Coquitlam

Kirk Charles McLean had been working as a locomotive engineer and had 32 years of experience

AERIAL PHOTOS: See how Abbotsford changed between 2018 and 2019

City has undergone record amounts of development in recent years.

Christmas Seals campaign helps British Columbians breathe easier

One in five Canadians have lung disease such as COPD or asthma

B.C. woman charged in connection to stolen vehicle smash-up in Kamloops

Kersten Ina Peters was arrested in the Fraser Valley on Friday, Dec. 6

Police say they’ve identified suspects in Bradley Kline homicide in Surrey

Kline, 26, was found dead at 7055 144A St. on Dec. 7, 2018

Truck with body inside found at bottom of lake near Kootenay ferry

Investigators believe no foul play is expected but are unsure how the vehicle ended up in the Arrow Lakes

Bizarre ‘hole punch cloud’ forms over Fraser Valley

Several people posted images of the odd formation, which is scientifically known as a cavum

VIDEO: Calgary man narrowly escapes from avalanche while running at Lake Louise

Bryon Howard caught the entire wild experience on camera

PHOTOS: Competitive Christmas light display takes sarcastic turn in Princeton

Heather King of Princeton took a creative and stress-free approach to her holiday display this year

RCMP asks Kootenay cannabis shop to remove image of famous Mountie from storefront

Owner happy to comply with RCMP, but wants more information first

BC Ferries adds 170 extra sailings for the holidays

6 a.m. and 10 p.m. sailings added for busy season

Most Read