UPDATE: 2:10 p.m.
A Southeast District RCMP constable has been found not guilty of sexual assault after the Crown suggested his acquittal on Thursday morning.
On what was supposed to be the third day of a four-day trial, Mountie Chad Vance has been acquitted of the sexual assault charge he was facing.
Judge Roy Dickey returned at 2 p.m., rendering his verdict in the short, three-minute appearance.
Chad Vance, a Mountie, has been found not guilty of sexual assault.
鈥� Michael Rodriguez (@MichaelRdrguez)
The verdict came after the Crown invited an acquittal this morning, citing the weakness of the alleged victim's testimony in terms of credibility and reliability.
Dickey said he observed the same weaknesses in the alleged victim鈥檚 testimony that both the Crown and defence did. Though not agreeing with all of the defence鈥檚 submissions, Dickey agreed the Crown鈥檚 evidence was not substantial enough for a conviction.
Vance is scheduled for an RCMP conduct hearing in April, facing potential removal from the force. He鈥檚 facing seven allegations he violated section 7.1 of the RCMP鈥檚 code of conduct which mandates 鈥渕embers behave in a manner that is not likely to discredit the force.鈥� It is unclear how his acquittal will affect the conduct hearing. In the meantime, he remains on an unpaid suspension.
ORIGINAL STORY:
After two days of trial, the Crown is inviting an acquittal of a Southeast District RCMP constable who is charged with sexual assault, the court heard on Thursday morning (Feb. 18).
Allegations against Chad Vance, 50, were outlined in court by the alleged victim earlier this week. She claimed Vance anally raped her on the back porch of his 琉璃神社 home while she was suntanning in July 2015.
Through cross-examination on Tuesday, defence lawyer Trevor Martin pushed her on the timeline, revealing several inconsistencies regarding specific dates, which the woman said she couldn鈥檛 recall due to the alleged offence having occurred six years ago.
READ MORE: 琉璃神社 Mountie denies rape allegation
Crown counsel Timothy McKelvey said that the alleged victim鈥檚 cross-examination exposed several weaknesses regarding her credibility and reliability. As such, he said the likelihood of conviction is slim and the charge standard is no longer met. McKelvey added Vance鈥檚 evidence remained consistent throughout questioning.
Given the burden of proof not being met, both lawyers are now suggesting Vance be acquitted.
On Wednesday, Vance flatly denied he raped the woman.
Still having to consider all evidence presented in the trial despite the recommendation of both parties, the judge is expected to return with his verdict at 2 p.m.
Do you have something to add to this story, or something else we should report on? Email: michael.rodriguez@kelownacapnews.com
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