'I disagree,' ex-Woodstock mayor Trevor Birtch repeatedly tells Crown during grilling at sex assault trial

WARNING: This story references allegations of sexual assault and contains graphic content.

The second sexual assault trial for former Woodstock, Ont., mayor Trevor Birtch resumed Friday with the 49-year-old being cross-examined by Crown attorney Jennifer Moser. 

Birtch, who was convicted of sexual assault in a separate trial last month, faces three counts of sexual assault in this judge-only trial, which started in early September in London. 

Birtch has pleaded not guilty to all three accusations, which involve the same woman.

The woman, whose identity is protected by a publication ban, testified earlier in the trial. 

Ex-mayor denies suggestions about audio files

Much of Friday's testimony focused on digital audio files Birtch sent to a friend. In them, he brags about tying up and spitting on a woman during what he describes as "an attic torture scenario." 

Birtch has testified those messages were his response to a friend's request for him to submit made-up and embellished stories, sexual in nature, that she would compile into a book for a Christmas present. 

However, in her questioning, Moser suggested the messages were truthful accounts of Birtch assaulting a woman who cannot be named due to a court order.  

She pointed out that in one of the messages, Birtch talks about how his son overheard the incident in the attic and later questioned him about the source of the noises and screams he heard. 

"Why would you mention your son's name in a made-up story? It's clear that you were just relaying something that actually happened to you," said Moser. "That this was not creative writing or make believe."

Birtch's response was, "I disagree."

Moser asked Birtch that if the audio files were sent in response to a friend's request, why that request was never mentioned in the text exchange the two shared on Dec. 18, 2021, and read in court. Bitch said the request was made via phone calls, not in texts.

"It's not mentioned once," said Moser, referring to the request for explicit stories. "This phone call is not referenced in any of the messages, because it never happened. 

"It happened," said Birtch. 

Moser said the audio messages were "unprompted and unasked for," and boastful audio messages were Birtch's idea. 

"I disagree," said Birtch. 

A few days later, the friend sends Birtch a text message that expresses disgust over the context of his audio messages. 

"You need serious help," said Birtch's friend, whose identity is protected by a court order. "You need serious help. You're a dangerous predator." 

'Isn't that a bad look for a mayor?'

Birtch was also questioned regarding earlier testimony about his cocaine use.

The court had heard testimony from the woman who filed the sexual assault complaints that he frequently used cocaine and supplied them both with the drug. Birtch, however, had said while he used cocaine "three or four times" with her, she was often confused by the small plastic bags of crushed up powder he carried in his briefcase. He also said she was the one who supplied the drug.

Birtch earlier told the court the bags he carried around contained crushed-up tablets of the over-the-counter painkiller Aleve, a brand name for naproxen. Birtch said he kept the baggies on hand to ease pain caused by an old shoulder injury. He told the court he snorted the power because it sped up the drug's effect — an idea he said he'd read about online.

Moser questioned Birtch about this. 

"Isn't that a bad look for a mayor of Woodstock — having a briefcase full of white powder?" asked Moser. "It's almost as if you were framing yourself as a drug dealer. The reason she kept going back to those bags of crushed white powder was because it was cocaine. 

"I disagree and I would say she would have had pain relief from it the way I got pain relief from it," said Birtch.

Moser also challenged Birtch's assertion that she supplied the drug, adding she didn't have a job and was on the Ontario Disability Support Program. Moser pointed out that cocaine is expensive; Birtch said he wasn't aware of what the drug cost.

Version of events challenged by lawyer

Moser also challenged Birtch's version of what happened during a drive from Woodstock to Turkey Point that he took with the woman in August 2021. She has testified she was beaten by a man who had joined them while they had a barbecue at a secluded area and that Birtch did nothing to stop it. 

In her questioning, Moser suggested Birtch left the spot with the woman and did not report the assault because he didn't want to speak with police, as he had been drinking that day.

Birtch responded by again by saying, "I disagree." 

Birtch said he left because that's what the woman he was with wanted to do. He also later denied that he sexually assaulted the woman while she squatted at the roadside on the way back to Woodstock.

He also denied other accounts of having sex with the woman without her consent during visits to her apartment. 

When Moser suggested he had sex with the woman while she was passed out after drinking, Birtch said "that didn't happen."

The trial will continue next Friday afternoon, when it's expected both sides will deliver their closing arguments. 

Birtch served two terms as mayor until his defeat in 2022. The trial currently underway follows his previous conviction on separate assault and sexual assault charges. 

Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this government of Canada website or the Ending Violence Association of Canada database. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911.