'Low-level hazing' common among troops at training exercise, CFB Shilo sex assault trial hears

A military court martial at CFB Shilo in Manitoba heard Friday from more troops who say horseplay and "low-level hazing" were common at a training exercise in Alberta, where one solider claims he was sexually assaulted by another.

Friday was the second day of the trial for the 25-year-old corporal accused in the case. He has pleaded not guilty to a charge of sexual assault.

He said he suffered from the physical injuries of this alleged attack for up to a year afterward and would often find liquid fecal matter in his underwear and wipe away blood.

On Friday morning, the defence called four more witnesses to testify. All gave similar testimony to what was previously heard, testifying that horseplay and name calling were common.

Behaviour 'good-natured' 

"Almost everyone participated at one point or another," Pte. James Seaward testified on Friday. "It wasn't done with any sense of malice.… It was good-natured."

Court heard that the so-called "tickle parties" — also called "flash mobs" or "balaclava gangs" — were a common way to have fun. A group of soldiers wearing balaclavas would sneak up on an unsuspecting soldier and tackle him to the ground. Sometimes, clothing was removed in the process.

"It's an infantry course," Cpl. Nicholas Cazalais testified when called by the defence. "We like to make fun of each other."

Just because it is common doesn't make it right.- Prosecutor Maj. Greg Moorehead

In one instance, the accused said he was tackled and had Rub A535 muscle-relaxant cream smeared on his buttocks, before another solider used a Q-Tip to push some of the cream inside. 

Another solider testified that similar activities and teasing occurred "probably every day," with buttocks-slapping and other similar gestures equated to high-fives or a way to indicate approval or encouragement. These activities often took place when staff and instructors were not present, the soldier testified.

CBC News has contacted the Canadian Forces about the defence's allegations that such behaviour was commonplace in the training platoon. The Forces said it would be inappropriate to comment while the case was ongoing. 

The alleged victim testified that despite the teasing and hazing occurring frequently, he didn't recall any of the buttocks-slapping or horseplay taking place in the sleeping quarters, and said that he never took part in any of it.

The defence called several soldiers to testify Friday who said they did, in fact, see the victim participating from time to time.

In his closing submission Friday, prosecutor Maj. Greg Moorehead addressed some of the alleged behaviour.

"Just because it is common doesn't make it right," he said. "It becomes the gateway to further harassment."

Prosecution, defence make submissions 

Moorehead told court in his 30-minute submission that the heart of the matter was an alleged sexual assault, and that the stories and evidence of horseplay among the troops varied in detail.

"The whole incident, it was quick, it was quiet," he said. "This is not an easy allegation to make. It was an embarrassing thing to admit to.

"This was a targeted strike. This was not a simple strike across the buttocks," Moorehead said, adding that the homophobic slur was used afterward to offend and mock the victim, who he called "stoic" and said remembered most of the key details of the incident when examined in court.

[The alleged victim] has not tried to tell the truth.- Defence lawyer Lt.-Cmdr. Brent Walden

The defence, meanwhile, hinged its case on the credibility and reliability of the alleged victim, saying the accused could have slapped the victim across the buttocks any night of the course because it was such a common occurrence among the troops.

"[The victim] has not tried to tell the truth," said defence lawyer Lt.-Cmdr. Brent Walden. "Making deliberate omissions is not trying to tell the truth."

Walden pointed to numerous points where the alleged victim said he didn't recall or know a detail in response to questions during cross-examination on Thursday. He said that some of the details the victim gave on cross-examination were disputed by several of the witnesses who testified.

He said no reasonable person should believe the alleged victim's story and claims about the length of time and severity of the symptoms, chalking the incident up to a dislike of the accused.

"[The victim said he] didn't like [the accused] on the course, when talking to the police or in court," he said, saying the alleged victim described the accused as a "douche" and as having a "pig face." He also argued the alleged victim said that he didn't like the physical contact between the troops and simply went about rectifying the situation in the wrong way.

"I am not arguing that the physical contact … was necessarily acceptable," said Walden.

"Good," interjected Military Judge Cmdr. Sandra Sukstorf.

Sukstorf is expected to render her decision on Monday.