Retired N.S. Mountie acquitted of sexual assault

A retired Nova Scotia Mountie has been acquitted on a charge of sexual assault, after a judge found Tuesday that the woman who had accused him was not credible.

The woman, who is also a retired Mountie, said Kevin William O'Brien assaulted her in her Halifax-area apartment in the fall of 1994.

She told O'Brien's trial in Nova Scotia Supreme Court in March that she didn't remember the incident until 2017 and didn't go to police until 2020. She has been diagnosed with post-traumatic stress disorder. 

While the trial was held in March, Justice Denise Boudreau didn't deliver her decision until Tuesday.

In 1994, the woman, whose identity is protected by a publication ban, and O'Brien worked together in the Lower Sackville, N.S., detachment of the RCMP.

O'Brien's trial was told that the Mounties who worked together frequently had gatherings after work. The woman had invited her colleagues to her apartment.

She testified the party was in the evening. But O'Brien and another partygoer testified it was a morning gathering after a night shift, evidence that was corroborated by photos which clearly showed brilliant sunshine outside the apartment.

Boudreau noted that late in the fall, it would have been dark out during the time the woman claimed the party was going on.

Other issues

That was not the only inconsistency Boudreau noted.

The judge said the woman had "difficulty giving one simple, complete, accurate description of what happened."

The woman testified that O'Brien pulled her into the bathroom of her apartment, put her up on the counter, pulled her pants partway down and sexually assaulted her.

But the judge noted the woman couldn't explain how he put her on the counter, how he removed her clothes or how he was able to assault her when her pants were still down around her knees.

By contrast, the judge found O'Brien to be clear and consistent in his testimony. He said very little happened in that bathroom incident, and what did, was consensual.

The courtroom was packed with O'Brien's friends and family for the decision. They gave a smattering of applause when the acquittal was announced.

As he left court, O'Brien said he had "plenty to say," but he did not elaborate.

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