Former RCMP spokesperson Tim Shields. (File photo)

Former RCMP spokesperson Tim Shields. (File photo)

UPDATED: Ex-Mountie Tim Shields’ defence alleges flirtatious relationship led to sex in bathroom

Defence calls complainant “a fraud, a liar, a perjurer”

The defence for ex-Mountie Tim Shields asserted during closing arguments in court Tuesday that Shields’ sexual encounter with a complainant was consensual and not an abuse of trust and authority.

The trial, which has gone on for intermittent weeks at provincial court in Vancouver since June 7, involves an alleged sexual assault in the former RCMP headquarters in Vancouver in the fall of 2009.

Shields was originally suspended without pay by the RCMP in May 2015 and charged with one count of sexual assault in May 2016.

At the time, Shields was the RCMP E Division spokesperson, and the complainant, whose identity is protected by a publication ban, was a senior communications strategist.

Both Crown and defence lawyer David Butcher agree that the sexual encounter occurred in an unisex bathroom on the main floor of the building on Heather Street in Vancouver.

They do differ on the date; the complainant alleged the assault happened in the fall of 2009, while Shields specifies April 29, 2009, as the date of the consensual sexual encounter.

“The interaction involved kissing, touching of [the complainant’s] breasts and rubbing of Mr. Shields’ exposed penis,” said Butcher.

Where they differed was in their clients’ recollection of the incident.

In both Butcher’s closing arguments and Shields’ earlier testimony, the defence painted the sexual encounter as initiated by the complainant.

Citing Shields’ testimony, Butcher told the court that the complainant had walked into Shields’ office, placed her hands on his chest and pushed him into a corner.

A long hug, “more sensual” than the ones the two usually shared, followed.

“It involved her hands rubbing up and down on his back,” said Butcher, noting that his client reciprocated. “Her breathing was audible and she had started soft, very quiet moaning noises through her nose.

“She said ‘you feel so good.’”

After a conversation that turned sexual, the complainant then asked Shields to walk her to her car, Butcher told the court.

He alleged the duo walked down the main stairs and, as they did, the complainant told Shields, “I never got my hug.”

Reading from court transcripts, Butcher laid out the alleged conversation that led to the sexual encounter in a unisex bathroom.

“I know. I never got my hug either,” Shields allegedly told the complainant. “I know where we can be alone without any interruptions.”

According to Butcher, the complainant proved eager and Shields led her to the unisex bathroom – the place where the sexual encounter occurred and where the defence and Crown version of events differed.

Shields described the encounter as consensual; so consensual that he did not feel any need to ask the complainant if everything was okay.

In earlier testimony, the complainant had told the court she had felt “scared, panicky, kind of surreal… it was weird and scary.”

Butcher told the judge that the complainant’s version of events “made no sense.”

“There is no place or time where is a sexual assault is less likely to occur than on the main floor of a police station,” he said.

Abuse of power

Butcher argued that not only was the encounter consensual, but that Shields held no position of “traditional direct authority” over the complainant.

Both Crown and defence have stated that the complainant worked on the headquarters-relocation project, which involved moving RCMP headquarters from Heather Street to Green Timbers in Surrey. However, they differ on just how involved the complainant was in the department that Shields headed: the strategic communications division.

Butcher repeatedly referred to the RCMP’s organizational chart, which showed an indirect reporting relationship between the two.

Crown counsel Michelle Booker has stated that the chart, as well as a performance review for the complainant filled out by Shields, establishes a direct reporting relationship.

Butcher denied that, pointing to Shields’ testimony that any reference to him as the complainant’s supervisor was in error.

When the judge told him that the definition of abusable position of authority was rather more broad than that, Butcher responded that if “an indirect, very loose, person-in-authority relationship… might be found to exist,” then that should only be a minor factor in considering the case.

Credibility of the complainant

Butcher refuted any allegations of assault, calling the complainant “a fraud, a liar, a perjurer” and characterizing her claim of sexual assault as an “after the fact confabulation,” arrived at with the help of lawyers, a psychiatrist and her husband.

The complainant, despite describing herself as financially self-sufficient, had filed for bankruptcy when she was 30, Butcher told the court.. Her husband, who she began seeing in 2o12, had a businesses in financial peril.

He reminded the judge of Crown’s inability to establish a concrete date for a sexual encounter, while pointing to Shields’ ability to recall one.

Butcher pointed to several of what he described as weaknesses in the complainant’s case; her delay in filing a police report, her past financial troubles, her friendly demeanour towards Shields post-bathroom incident and a civil claim that she filed prior to speaking with police.

He was careful to repeatedly point out that although each reason alone could be considered as contributing to the “myth and stereotype” of how sexual assault victims should or should not react, that altogether, they helped paint a picture of a complainant who was more interested in the success of her civil suit than in helping police investigate the criminal case.

The complainant filed that civil suit against Shields in July 2014, approximately five years after the bathroom incident.

That claim was settled out of court in December 2016; Butcher asked for the contents of the settlement to be shown in court but Crown objected, successfully, to the reveal.

Butcher drew on multiple friendly email exchanges between the Shields and the complainant.

In some, she called Shields “a gift,” in others, she complimented his leadership at the RCMP.

When the judge pointed out that those could just be the actions of a woman trying to keep her job by being complimentary towards a superior, Butcher told him that this was the sign of a “dishonest and manipulative” person, focused on “her own advancement.”

Reading from court transcripts, Butcher reminded the judge that during Shields’ own testimony, he had admitted to hearing a ‘no’ from the complainant.

“He admits that there was a point in the encounter when [the complainant] said no when he reached to unzip her pants,” said Butcher. “There is evidence that he made further attempt to touch that part of [the complainant’s] body.”

Butche called it a “candid” admission that was clearly “not self serving,” telling the judge that it should stand as a point in favour of Shields’ credibility of a witness.

Closing arguments are expected to wrap up this week.

Just Posted

Linnea Labbee outside the Chilliwack Law Courts on April 1, 2021 on day 16 of her trial in BC Supreme Court. Labbee was convicted April 12 for the fatal hit-and-run of 78-year-old Fourghozaman Firoozian on Dec. 1, 2016. (Paul Henderson/ Chilliwack Progress)
Sentencing hearing scheduled for 72-year-old Chilliwack woman found guilty in fatal hit-and-run

Crown will seek jail time for Linnea Labbee who struck and killed 78-year-old woman in 2016

The latest data from the BC Centre for Disease Control. (BCCDC graphic)
Chilliwack COVID case count moving towards zero

From a high of 156 around Christmas, Chilliwack’s local health authority reported just 17 last week

Adam Hobbs went missing from a Langley work site on Monday, June 14 and may have gone to Vancouver. (Special to the Langley Advance Times)
Family, RCMP seek Abbotsford man missing from Langley job site

Adam Hobbs lives in Abbotsford and is a minor hockey referee

Chilliwack’s Nelson Gidney, winner of the 2021 President’s Award for the Army Cadet League of Canada (ACLC), British Columbia Branch Pacific Region. (Submitted photo)
Chilliwack Army Cadet Nelson Gidney wins President’s Award

Gidney was recognized for demonstrating leadership, initiative, mentorship and dedication

Rohan arul-Pragasam, Chilliwack School District’s interim superintendent, has been appointed superintendent of schools effective June 15, 2021. (Chilliwack School District)
Interim position becomes permanent for Rohan Arul-pragasam at Chilliwack School District

Arul-pragasam said he was ‘humbled to continue as a steward’ in new role as superintendent of schools

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

Fire near Highway 97 C close to Merritt. (Facebook)
Wildfire burning near Highway 97C

The fire is an estimated nine hectares in size

Athena and Venus, ready to ride. (Zoe Ducklow - Sooke News Mirror)
Goggling double-dog motorcycle sidecar brings smiles to B.C. commuters

Athena and Venus are all teeth and smiles from their Harley-Davidson sidecar

Kimberly Bussiere and other laid-off employees of Casino Nanaimo have launched a class-action lawsuit against the Great Canadian Gaming Corporation. (Chris Bush/News Bulletin)
B.C. casino workers laid off during pandemic launch class-action lawsuit

Notice of civil claim filed in Supreme Court of B.C. in Nanaimo against Great Canadian Gaming

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

A Photo from Sept. 2020, when First Nations and wild salmon advocates took to the streets in Campbell River to protest against open-pen fish farms in B.C.’s waters. On Dec. 17, federal fisheries minister Bernadette Jordan announced her decision to phase out 19 fish farms from Discovery Islands. Cermaq’s application to extend leases and transfer smolts was denied. (Marc Kitteringham/Campbell River Mirror)
Feds deny B.C.’s Discovery Island fish farm application to restock

Transfer of 1.5 million juvenile salmon, licence extension denied as farms phased out

John Kromhoff with some of the many birthday cards he received from ‘pretty near every place in the world’ after the family of the Langley centenarian let it be known that he wasn’t expecting many cards for his 100th birthday. (Special to Langley Advance Times)
Cards from all over the world flood in for B.C. man’s 100th birthday

An online invitation by his family produced a flood of cards to mark his 100th birthday

FILE – Nurse Iciar Bercian prepares a shot at a vaccine clinic for the homeless in Calgary, Alta., Wednesday, June 2, 2021. THE CANADIAN PRESS/Jeff McIntosh
B.C. scientists to study effectiveness of COVID vaccines in people with HIV

People living with HIV often require higher doses of other vaccines

Most Read