Retired vice-admiral Haydn Edmundson found not guilty of sexual assault
Edmundson had pleaded not guilty to all charges
WARNING: This story contains details of an alleged sexual assault
Retired vice-admiral Haydn Edmundson, accused of sexually assaulting a woman more than 30 years ago, was found not guilty in an Ottawa courtroom on Monday. He was also found not guilty of one count of committing indecent acts.
"It just seems highly improbable and implausible to me that the facts as outlined by the complainant could have conceivably occurred," said Judge Matthew C. Webber, who rendered the decision in the Ontario Court of Justice because the case was tried by a judge alone.
"The Crown's evidence simply can't satisfy the lofty threshold that is proof beyond a reasonable doubt. There are just too many problems here."
Edmundson, who was charged in December 2021, said he cried after hearing the not guilty verdicts, and that it's a "massive emotional outpouring" because the charges were hanging over the heads of him and his family members for three years.
"And now that has been lifted somewhat. But the pain is still there and the emotions are still there," he told the media outside the courthouse following the verdict, adding he wouldn't comment on whether he would be taking legal action.
His lawyer, Brian Greenspan, called the verdict a "clear decisive vindication," pointing to Webber's raising of credibility issues with the complainant's testimony.
Greenspan told the media outside the courthouse it was regrettable that the military didn't reciprocate the loyalty Edmundson had shown with nearly 40 years of distinguished service. Greenspan chastised both senior military officials and the media for rushing to judgment.
'I told the truth'
Over the eight-day trial, which began on Feb. 5, court heard allegations from Stéphanie Viau, who alleged that Edmundson sexually assaulted her while they were on deployment on a naval ship.
Viau, who was in the courtroom for the verdict, said it was hard to hear Webber's decision but that she didn't regret bringing the complaint forward.
"I told the truth and I stand strong knowing that all of this was not done in vain," she told the media outside the courthouse.
Viau had previously told court the attack happened inside Edmundson's cabin while the ship was docked at a U.S. navy base on Nov. 8, 1991. At the time of the alleged assault, Edmundson was a lieutenant-commander, the navigator of the ship.
Viau's identity had been protected under a publication ban, but that was lifted by Webber during closing arguments as requested by Viau.
Viau feared for her life, court heard
Viau testified in court that Edmundson had called her into his quarters. While there, she said that she froze and feared for her life as Edmundson approached her, kissed her, unbuttoned her shirt and bra, pulled down her shorts and underwear and kissed her vagina.
Viau said Edmundson then grabbed her by the hips, turned her around and "proceeded raping me."
But Edmundson, who also took the witness box during the trial, denied that this incident in his cabin occurred and denied that he sexually assaulted Viau or had any physical or sexual contact with her.
Court heard that Viau's duties aboard the ship included waking up officers, including Edmundson, for their night shifts.
She testified that on one particular mission, some of Edmundson's body parts would be exposed when she went to awaken him.
Viau said a couple of days before the alleged sexual assault, she had an outburst when she went to wake Edmundson for his night shift and found him lying in the bed naked.
She said she lost her composure, yelled and turned on the lights, in part to wake up Edmundson's bunkmate so he could witness the behaviour she had to deal with.
But Edmundson testified that none of this ever happened. He also denied having a bunkmate at the time.
In his three-hour plus verdict, Webber raised questions about different parts of Viau's testimony. She had told court that she was working a permanent night shift because her appearance had caused a distraction among the male crew.
Webber said witnesses who had served on the ship said there was no such permanent shift, they changed on a rotating basis.
Webber also cast doubt on Viau's testimony, saying that if her attractiveness had distracted the male crew, "would it have made sense to assign her to a role where she would everyday be alone in cabins with male crew members?"
Regarding Viau's testimony of her outburst, Webber again said it raised credibility issues. There was no proof Edmundson had had a roommate during the time Viau said she had her outburst, he said. As well, he noted that court also heard Viau identified two people as being Edmundson's roommate, both of whom investigators later ruled out as possible bunkmates.
Webber pointed out that there was no corroborating evidence that such an outburst took place, including from the former officers who testified in court. Such a loud outburst would have been heard by others on the vessel and attracted the attention of other crew members, Webber said.
"Either the events she described never happened, or they happened in a manner that bore very little resemblance to the act that she described," Webber said.
The judge also referred to the captain's night order book, which suggested that Edmundson, based on his shifts then, would not have needed to be woken up during the time that Viau said she had her outburst.
Webber also referred to the testimony given by a friend of Viau who had been on the ship at the time.
The now-retired service member, whose identity is protected by a publication ban, backed up Viau's testimony that when the ship docked back in November 1991, they were planning to go to a bar on land.
The woman said she and another colleague had gone to search for Viau on that vessel that same evening.
When neither could find Viau, they assumed she had already left the ship and was at the bar, the witness testified. Viau testified that she heard her friend calling out for her while she was in Edmundson's quarters.
The judge agreed with the defence that this woman's evidence was tainted. This taint, Webber said, could have been a result of the woman meeting with Viau to discuss the sexual assault allegations. He also said the evidence could have been tainted when the witness related to the court that her recollections may not have been her own. Webber suggested they could have been fed to her during an interview conducted by a CBC News reporter in March 2021.
In an email, CBC spokesperson Kerry Kelly said while the broadcaster won't comment on the outcome of the trial, the CBC believes "we reported fairly and accurately on this story. We stand behind our journalism."
In his verdict, Webber said he believed the evidence of the former senior officials who said that when the alleged assault occurred there would have been dozens of crew members still on board.
"How improbable or implausible is it for an accused to commit the assault allegedly committed by Mr. Edmundson within that 24, 48 hours in this cabin on anything less than a completely abandoned ship," he said.
"The odds of his detection would be all but guaranteed."
Viau's lawyer, Emilie Taman, said it was particularly hard to hear the judge's comments about the culture and the treatment of women on board of the ship. In his verdict, Webber said that he agreed with the senior officers who testified that it was a welcoming atmosphere for women.
"That came as a real surprise. He rejected Stephanie's evidence that it was a culture that was hostile to women and preferred the evidence of senior officers whose experience would have been very different," she said.
"That just really doesn't accord with, I think, what we've come to learn about the culture in the Forces."
Taman also took issue with Webber's observations suggesting it seemed improbable that Edmundson, who was set to be promoted to commander during these missions, and whose career was rising, would, during this time, engage in such criminal conduct.
"It think a lot of men in the Forces for a long time felt they didn't have anything to lose," Taman said. "And that was exactly the problem that there's a culture of impunity."
For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via 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.
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