Former RCMP spokesperson Tim Shields leaves court Wednesday with one of his attorneys. (Katya Slepian photo)

UPDATED: Not-guilty verdict for ex-RCMP spokesperson Tim Shields

A former civilian employee had accused the former Mountie of sexually assaulting her in a bathroom

Former RCMP spokesperson Tim Shields has been found not guilty of one count of sexual assault.

Judge Patrick Doherty made the ruling at provincial court in Vancouver Wednesday morning.

“A criminal trial is not a credibility contest,” the judge cautioned the courtroom as he explained the reasoning behind his decision.

Doherty’s arguments focused on the reliability of the witnesses’ testimony, not their credibility, he said, adding that to judge the credibility of a sexual-assault complainant veers into a “myth and stereotype defence” that is not permissible in court.

In describing both witnesses, he said he found that the complainant “presented poorly as a witness”; that she was “combative” during cross-examination and did not always answer the questions.

Doherty said that Shields was largely a better witness, willing to at times concede points that were not in his favour, but that he was “evasive” on occasion.

“The issue that I must decide is whether Crown has proven beyond a reasonable doubt that Mr. Shields sexually assaulted [the complainant] by touching her sexually without her consent, or alternatively, whether the defence had an honest but mistaken belief in consent,” Doherty said.

The judge found that Shields did not use his position of authority to force the complainant into a detachment washroom.

“There is no evidence that [the complainant’s] consent was vitiated by virtue of Mr. Shields’ authority relationship over her,” Doherty said.

The complainant, a former civilian employee at the RCMP whose name is protected by a publication ban, alleged that Shields sexually assaulted her in a Vancouver RCMP headquarters bathroom in 2009. Shields’ lawyer, David Butcher, had painted the encounter as consensual.

There was no disagreement between Crown and defence that a sexual encounter occurred, Doherty noted.

“Counsel of behalf of Mr. Shields… submits that [the complainant] fabricated the sexual-assault allegations to advance a claim for compensation,” the judge said. “He submits that [the complainant] is a fraud and a liar.”

The complainant reported a sexual assault to police in 2015 and Shields was criminally charged in May 2016 with one count of sexual assault. In December 2016, the complainant settled a civil sexual-harassment claim against Shields and the RCMP.

Doherty said the complainant’s delay in reporting the incident did not play against her credibility.

He said that both the delay and the complainant’s friendly interactions with Shields post-encounter were “consistent” with that of a woman hoping to not jeopardize her career.

Doherty went over both sides’ versions of the day the bathroom encounter took place.

Shields had said that it started with friendly, flirtatious and sexually charged behaviour in his office before naturally moving into the bathroom.

The complainant had testified that she followed Shields in the bathroom unknowingly, as she would have followed anyone.

“I simply do not know who to believe on this point,” the judge said minutes before rendering his decision.

Doherty said both bathroom accounts – Shields’ that it was a consensual sexual encounter where the complainant was a “willing and eager participant,” and the complainant’s that she was “frozen,” scared and just wanted to get out – were plausible.

Earlier, Doherty noted that everyone is innocent until proven guilty, and that it is Crown who must prove beyond a reasonable doubt that any assault occurred.

He said that although the complainant’s recollection of what happened in the bathroom was trustworthy, her inability to remember what happened after Shields allegedly placed her hands on his genitals and asked her to perform oral sex on him caused the judge “some concerns about the reliability of her evidence regarding the bathroom incident.”

Defence alleged that after that, she “enthusiastically” took part, Doherty noted. When defence suggested that version of events, the judge said, the complainant told the court that if this occurred, “it was worse than (she) realized” and that “he forced her to do it.”

Doherty said the Crown did not adequately explain the gap in the complainant’s memory.

“There may be many reasons why [the complainant], as an alleged victim of sexual assault, would have such a gap in her memory,” said Doherty. “I certainly do not fault her for having memory gaps, but it is not for me to speculate why such a gap exists.”

BC Prosecution Service communications counsel Dan McLaughlin said in a media scrum outside court that there is no immediate decision by the Crown to appeal the judgment.

Shields and his legal team declined to comment on the trial following the verdict. The complainant did not attend court beyond the times she was called as a witness, and was not present for the judgment.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

COVID-19 test tube. (Contributed)
test tube with the blood test is on the table next to the documents. Positive test for coronavirus covid-19. The concept of fighting a dangerous Chinese disease.
Interior Health launches online booking for COVID-19 tests

Testing is available to anyone with cold, influenza or COVID-19-like symptoms

Mainroad Communications warns of coming weather event.
Mainroad Communications notifies drivers of snowfall event over next 24 hours

It’s that time of year again. A weather event is heading to… Continue reading

Cranbrook's Casey Hanemayer reaches a rating of 1022, jumping up 17 points and becoming the highest ranked player in Canada. Paul Rodgers file.
Cranbrook’s Casey Hanemayer becomes Canada’s highest-rated disc golfer

Cranbrook’s Casey Hanemayer has become Canada’s highest ranked disc golfer, after the… Continue reading

A health-care worker prepares to swab a man at a walk-in COVID-19 test clinic in Montreal North, Sunday, May 10, 2020, as the COVID-19 pandemic continues in Canada and around the world. (THE CANADIAN PRESS/Graham Hughes)
Interior Health records 21 new COVID-19 cases over the weekend

Thirty-six cases remain active; two people are in the hospital, one of whom is in intensive care

This year’s Sunrise Rotary Club Scholarship recipients. Top left: Kieran O Grady. Top Right: Nathaniel Ralph. Bottom Left: Robyn Anderson. Bottom Right: Emily Daly. (Submitted files)
Cranbrook Sunrise Rotary Club announces 2020 scholarship winners

Funds are awarded to post-secondary students who graduated high school in Cranbrook

FILE – People wait in line at a COVID-19 testing facility in Burnaby, B.C., on Thursday, August 13, 2020. THE CANADIAN PRESS/Darryl Dyck
167 new COVID-19 cases, 1 death recorded as B.C. enters 2nd wave

Three new healthcare outbreaks also announced

Volunteer registered nurse Stephanie Hamilton recieves a swab from a driver as she works at a Covid-19 testing site in the parking lot at Everett Memorial Stadium on Tuesday, Oct. 20, 2020 in Everett, Washington. (Andy Bronson / The Herald)
13 more COVID-19 cases in Interior Health region

There are 624 cases in the region since the start of the pandemic

This 2020 electron microscope image made available by the National Institute of Allergy and Infectious Diseases shows a Novel Coronavirus SARS-CoV-2 particle isolated from a patient, in a laboratory in Fort Detrick, Md. THE CANADIAN PRESS/AP-NIAID/NIH via AP
At least 49 cases of COVID-19 linked to wedding in Calgary: Alberta Health

McMillan says the city of Calgary has recently seen several outbreaks linked to social gatherings

UBC geoscientists discovered the wreckage of a decades-old crash during an expedition on a mountain near Harrison Lake. (Submitted photo)
Wreckage of decades-old plane crash discovered on mountain near Harrison Lake

A team of Sts’ailes Community School students helped discover the twisted metal embedded in a glacier

The official search to locate Jordan Naterer was suspended Saturday Oct. 17. Photo courtesy of VPD.
‘I am not leaving without my son,’ says mother of missing Manning Park hiker

Family and friends continue to search for Jordan Naterer, after official efforts suspended

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

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Touchstones Museum has opened up Nelson’s Cold War bunker to the public. The unique exhibit includes artifacts from the 1950s and 60s. Photo: Tyler Harper
Take cover! Cold War bunker opens to public in Nelson

The shelter was built in 1964 in case of nuclear fallout

A bear similar to this black bear is believed responsible for killing a llama in Saanich on Oct. 19. (Black Press Media file photo)
Bear kills llama on Vancouver Island, prompting concerns over livestock

Officers could not track the bear they feel may not fear humans

Most Read