B.M. was charged with a single count of sexual
assault. B.M. and his friends met two women at a liquor store. They invited
them to drink in their hotel room and as a group they later went out to a local
bar. When the bar closed, the group including two women returned to the hotel
room. One of the women alleged that B.M. had non-consensual sexual intercourse
with her at that time. The other woman told police that she had witnessed M.B.
having sex with her friend while her friend screamed out “no, no, no”. B.M. did
not deny sexual contact but maintained that it was consensual and in fact
initiated by the woman. The matter was scheduled for preliminary inquiry and
then eventually for trial in the Court of Queen’s Bench of Alberta. After
multiple instances of delayed disclosure by the Crown Ms. Fagan brought an
application for a stay of proceedings as a consequence of the violation of her
client’s right to be tried within a reasonable time. She filed a 50 page legal
brief in support of this application.
BOTTOM LINE: a verdict of not guilty was entered. B.M. was acquitted.