In a stunning reversal of fortune. a man facing a sex assault charge walked out of a Red Deer courtroom a free man Tuesday when the Crown suddenly withdrew the charges while the alleged victim was still on the witness stand.
Court of Queen’s Bench Justice Donald Lee granted a request by the Crown and dismissed sexual assault, resisting arrest and assault charges against Trevor Travis Timony, 44, of Red Deer.
The alleged victim was about 20 minutes into her testimony when prosecutor Maurice Collard was granted a break.
When he returned he told Lee that he was calling no further evidence and invited an acquittal.
Timony was obviously surprised but didn’t show much emotion.
The woman, in her mid 30s, testified she had a rocky relationship with the accused.
She said last June 28 they both had been drinking with Timony’s friend who was staying with them for a few days.
Timony and the woman went to bed around 5 a.m. and the friend passed out on the living room couch.
The woman said she argued with the accused who then got on top of her and started choking her.
In the process of the choking, she testified the friend wandered into their bedroom while sleepwalking.
The friend started opening dresser drawers, which prompted Timony to stop his alleged choking.
After getting the friend back to the couch, the alleged victim and Timony argued again before she fell asleep, she testified.
The woman said the accused wanted sex but she refused and he accused her of sleeping around.
The woman said the accused told her he had sex with her about three hours later while she slept.
“There was no consensual sex,” she said.
Collard then took his break.
Following the acquittal, defence lawyer Luke Kurata asked the judge to award costs against the Crown.
Kurata said his client didn’t receive disclosure of the Crown’s case in a timely manner and was held 6 1/2 months in custody before being released on bail in January.
He also said the woman lied when she testified it was her apartment.
A lease document confirmed Timony’s name had been on the lease but was removed a month after the charges.
Collard said Timony was held in custody because he had a “lengthy, violent record.”
Lee told the lawyers to file arguments as to why or why he shouldn’t award costs to the defence.
No date was set for a return.
jwilson@www.reddeeradvocate.com