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

Chemainus Indigenous Peoples Weekend organizer Connie Crocker. (Photo submitted)
Chemainus Indigenous Peoples Weekend online June 19-21

Event’s been in the planning stages since February without knowing COVID implications

Rick Ruppenthal of Saltair will host a 12-hour talk-a-thon Friday, June 18 over Facebook live. (Photo submitted)
Talk-a-thon to focus on men’s mental health issues

Saltair man spearheading a campaign to generate more conversation during fundraiser

Julie Nygaard’s By Moonlight Raven Flight is one of the photo-artist works in her show Through My Eyes – A Visual Journey, which will be featured at Rainforest Arts through August. (Photo submitted)
Photographer-painter Nygaard featured at Rainforest Arts

Real images enhanced through digital means to create compelling art

Filming of The Baker’s Son in Chemainus. (File photo by Don Bodger)
Bread-making brilliance and mediocrity the recipe for movie ingredients

Willow Street on the map as a prominent location in The Baker’s Son

The return of Community Policing will be a welcome addition by residents. (File photo by Don Bodger)
Return of Community Policing in the works

Volunteers being sought and coordinators to be announced soon

Maxwell Johnson is seen in Bella Bella, B.C., in an undated photo. The Indigenous man from British Columbia has filed complaints with the B.C. Human Rights Tribunal and the Canadian Human Rights Commission after he and his granddaughter were handcuffed when they tried to open a bank account. THE CANADIAN PRESS/HO-Heiltsuk Nation, Damien Gillis, *MANDATORY CREDIT*
VIDEO: Chiefs join human rights case of Indigenous man handcuffed by police in B.C. bank

Maxwell Johnson said he wants change, not just words, from Vancouver police

Flowers and candles were laid on the driveway of the Weber home, where Kerri Weber was found dead in November 2020. (Black Press Media file photo)
Greater Victoria man to stand trial for death of his wife last November

Ken Weber is charged with second-degree murder of his wife, Kerri Weber

The discovery of a missing woman’s body in Nanaimo earlier this month is now being treated as homicide, say Nanaimo RCMP. (File photo)
Discovery of woman’s body in downtown Nanaimo now being investigated as a homicide

Amy Watts was found dead near Albert Street and Victoria Crescent on June 3

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

B.C. Premier John Horgan listens as Finance Minister Selina Robinson presents the province’s latest budget, April 20, 2021. The budget projects $19 billion in deficits over three years. (Hansard TV)
B.C. government budget balloons, beyond COVID-19 response

Provincial payroll up 104,000 positions, $10 billion since 2017

Ocean debris is shown on Long Beach in Tofino, B.C. on April, 18, 2012. THE CANADIAN PRESS/Jonathan Hayward
Shoreline cleanup finds COVID-related trash increased during height of the pandemic

Great Canadian Shoreline Cleanup reports litter from single-use food packaging nearly doubled

Doctor David Vallejo and his fiancee Doctor Mavelin Bonilla hold photos of themselves working, as they kiss at their home in Quito, Ecuador, Wednesday, June 9, 2021. Doctor Vallejo and Doctor Bonilla suspended their wedding in order to tend to COVID-19 patients and in the process Vallejo got sick himself with the disease, ending up in an ICU for several days. (AP Photo/Dolores Ochoa)
Love, sacrifice and surviving COVID-19: one couple’s story

COVID hits Ecuadorian doctors who delayed wedding to treat sick

The Tsow-Tun Le Lum Society, which has been operating a treatment centre on land leased from the Nanoose First Nation for 35 years (pictured), has begun a fundraising campaign to open a new centre near Duncan. (Tsow-Tun Le Lum Society photo)
New residential school healing centre to be built near Duncan

$5-million Indigenous treatment centre will help survivors of residential schools heal

Most Read