Halifax judge hearing British sailors’ request to go home
STEVE BRUCE COURT REPORTER
Published August 11, 2015 - 1:15pm
Three of four British sailors accused of sexually assaulting a civilian woman at a Nova Scotia base in April are in a Halifax courtroom today in an attempt to get their bail conditions varied.
Craig Stoner, 25; Simon Radford, 31; and Joshua Finbow, 23, want a Nova Scotia Supreme Court judge to allow them to return home to the United Kingdom while they await a preliminary inquiry next spring.
The Crown is opposing the application.
Four members of the British Royal Navy’s hockey team are charged with sexual assault causing bodily harm and participating in a group sexual assault.
The other accused is Darren Smalley, 35. He is not part of today’s application.
The sexual assault allegedly happened in the early morning hours of April 10 during a party in a barracks at 12 Wing Shearwater, where the team was staying while playing games against local military personnel.
The identity of the complainant, who is in her 20s, is protected by a publication ban.
The four Brits were arrested by the Canadian Forces National Investigation Service on April 16 and were released April 20 after posting cash bail of $3,000 each. They’re living at CFB Suffield in Alberta, where the British army has a training unit.
In June, the men elected to be tried by a Supreme Court judge and jury. A preliminary inquiry will be held in April in Dartmouth provincial court.
A preliminary inquiry determines if there is sufficient evidence for a matter to proceed to trial. It also gives the defence an opportunity to assess the Crown’s witnesses.
Today’s application is being heard by Justice Josh Arnold, who imposed a standard publication ban on the evidence.
The defence called three people to testify this morning and might put one more person on the stand this afternoon. The case would then proceed to arguments, as the Crown does not plan to call any witnesses.
Outside court, prosecutor Scott Morrison explained why the Crown doesn’t want the men to be permitted to leave Canada.
“We feel we’ve crafted a plan that grants them a substantial amount of freedom while keeping them here in Canada,” Morrison said. “To date, we haven’t heard anything that gives us assurance that they will return to attend for their trial.
“One of the concerns we had is that the correspondence we have from the British navy is that they reserve the right to deploy these men. If these men are deployed, that could create issues with respect to extradition.
“At this point, the plan is a little bit vague, and it’s worrisome in terms of extradition options.”
The defence lawyers are Luke Craggs for Stoner, Geoff Newton for Radford and Mark Knox for Finbow.
Lawyer Ian Hutchison, who represents Smalley, was in the gallery to observe some of this morning’s testimony.
Eric Taylor is also appearing for the Crown. He conducted the cross-examinations this morning.
