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

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.

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

Ridge Meadows RCMP seized drugs, cash and guns from a house on Lougheed Highway and 221 Street. (Special to The News)
RCMP seize drugs, cash and guns from Maple Ridge house

Items were recovered after search warrant executed on Lougheed Highway home June 11

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

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

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

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

Most Read