Tim Shields (File photo)

Tim Shields (File photo)

UPDATED: Crown calls ex-RCMP Tim Shields’ account of sexual encounter ‘rehearsed and self-serving’

Defence says consistent evidence from accused and complainant should be treated equally

Ex-RCMP Insp. Tim Shields’ “mechanical” and detailed recollection of a sexual encounter in an RCMP bathroom more than eight years ago is suspect, Crown said during closing arguments Wednesday.

Shields was charged with one count of sexual assault in May 2016. His trial has been running intermittently at provincial court in Vancouver since June.

The complainant, whose name is protected by a publication ban, alleges that Shields sexually assaulted her in an RCMP headquarters bathroom in the fall of 2009.

Both Crown and defence agree that the incident took place in 2009; where they differ is on the date of the incident and whether consent was given.

“[The complainant’s] unshaken evidence is that she did not consent,” said Crown counsel Michelle Booker.

Shields alleges that the sexual encounter was consensual and took place on April 29, 2009.

“They are diametrically opposed versions of events,” Booker said.

‘Carefully crafted narrative’

In court Wednesday morning, Crown attacked Shields’ testimony, calling it “too rehearsed” and “self-serving.”

“He used the same phraseology and terminology over and over again,” Booker said.

Reading from court transcripts of Shields’ testimony, she pinpointed what she called his “mantra,” a phrase he repeated multiple times throughout his time on the stand.

Whether over email, in conversation or through physical contact, they went from “friendly to flirty to sexualized,” Booker said, noting that at each step along the way, Shields was careful to paint a picture where the complainant acted and he reacted.

“It’s a rehearsed rendition of [the complainant] as the aggressor,” Booker said, reading Shields’ testimony of an office encounter that took place the day of the bathroom incident.

“’She advances towards me. She was pushing me into a very private place. I went along with it. Her hands were rubbing up my back. I reciprocated.’

“She is making every move and he’s reciprocating. In the office. On the staircase. ‘She touched my hand. She touched my hand again… we looked at each other and she said, ‘let’s do it.’’”

She questioned Shields’ ability to recall the exact date of the bathroom encounter and give a “step-by-step” accounting of what took place.

“More than eight years after the incident, the accused was able to pinpoint the particular afternoon when he says the bathroom incident occurred,” said Booker.

“’She made soft moaning noises. Her hands went up my back. She pulled my neck and head in tight.’”

Booker questioned how Shields was able to recall the bathroom incident in such detail while providing only broad strokes for the rest of his interactions with the complainant.

“Either the accused has convinced himself that this is the way it occurred, or he has fabricated a version of events that he understands would be required for consent.

“It defies belief.”

In a reply to Booker’s closing arguments, defence lawyer David Butcher questioned what he viewed as a double standard between Crown’s assessment of credibility for the accused and the complainant.

“Depending on our perspective… we can say things like Mr. Shields was consistent in his evidence throughout and throughout and therefore he had a rehearsed mantra,” Butcher said.

“But [the complainant] was consistent in her evidence throughout and that is a hallmark of credibility.”

Myth and stereotype

Booker took aim at Butcher’s “mosaic of facts” that the defence lawyer repeatedly referred back to in seeking to convince the judge that consent was given.

In his closing arguments on Tuesday, Butcher pointed to several of what he described as weaknesses in the complainant’s case, including her delay in filing a police report, her friendly demeanour towards Shields after the bathroom incident and a civil claim that she filed prior to speaking with police.

Booker cited case law and past Supreme Court decisions, telling the judge that he should not consider these factors in determining whether the complainant consented to Shields’ advances.

Butcher had acknowledged throughout his arguments that, taken one at a time, each factor should not sway the judge, but that taken together, they should paint a picture.

“Myth and stereotype are impermissible when adjudicating cases of sexual assault, because we know they are not true,” Booker said. “They deny justice to victims (of) sexual assault.”

Booker took issue with Butcher’s statement that nowhere was a sexual assault less likely than in a bathroom in a police station with RCMP officers within earshot.

She pointed out that there was no disagreement that a sexual encounter had occurred, only that it had been consensual, and that if a consensual sexual encounter was able to happen undetected, so could a possible assault.

In a reply to Booker’s closing arguments, Butcher noted that he was not maintaining that an assault could not happen in an RCMP bathroom and merely that if Shields was planning to commit an assault, it was improbable that he would choose a location so out in the open.

Defence is to submit their final replies to Crown’s closing arguments in the coming days.

A date for the verdict will be set on Friday and the judge hopes to make his decision before the end of the year.

Just Posted

Longtime SOWINS volunteer Diane Fru (far left) walks with members of her family as they Walk To End Abuse Sunday, June 13, 2021. South Okanagan Women In Needs Society (SOWINS) raised a record amount this year. (Monique Tamminga Western News)
Walk to End Abuse in South Okanagan breaks fundraising record

More than $53,000 raised so far while the pandemic has increased need for SOWINS’ services

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

RCMP thanked the public for assistance in finding Benjamin Archie, last seen in Princeton. (RCMP)
Missing Chilliwack man found safe and sound

The 80-year-old had walked away from his home in Chilliwack

.
Princeton’s Spotlight wins two provincial awards for excellence

Publisher takes first place for investigative reporting

Princeton GSAR responds 24 hours a day, 365 days a year. In 2020 the crew was called out 34 times, and members spent 721 hours on calls, and 683 hours training. Photo Princeton GSAR Facebook
Teen missing in Manning Park found after 24 hours

Young man spends night on mountain and survives with just a few scrapes

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Cruise ship passengers arrive at Juneau, Alaska in 2018. Cruise lines have begun booking passengers for trips from Seattle to Alaska as early as this July, bypassing B.C. ports that are not allowed to have visitors until March 2022 under a Canadian COVID-19 restrictions. (Michael Penn/Juneau Empire)
B.C. doesn’t depend on U.S. law to attract cruise ships, Horgan says

Provinces to get update next week on Canada’s border closure

This undated photo provided by Girl Scouts of New Mexico Trails shows a scout donating cookies to firefighters in Rio Rancho, New Mexico, as part of the Hometown Heroes program. As the coronavirus pandemic wore into the spring selling season, many Girl Scout troops nixed their traditional cookie booths for safety reasons. That resulted in millions of boxes of unsold cookies. (Girl Scouts of New Mexico Trails via AP)
Thinner Mints: Girl Scouts have millions of unsold cookies

Since majority of cookies are sold in-person, pandemic made the shortfall expected

In this artist’s sketch, Nathaniel Veltman makes a video court appearance in London, Ont., on June 10, 2021 as Justice of the Peace Robert Seneshen (top left) and lawyer Alayna Jay look on. THE CANADIAN PRESS/Alexandra Newbould
Terror charges laid against London attack suspect

Crown says Nathaniel Veltman’s four counts of first-degree murder constitute an act of terrorism

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province's fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

Most Read