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A woman’s decision to accept a

~ ride after an alleged sexual assault

cast doubt on the charge when the
case was heard in Sidney provin-
cial court Thursday.

Judge Michael Hubbard dismis-
sed the charge, even though he
rioted both the 27-year-old woman
and the man she said attacked her
gave credible evidence.

The woman and the 33-year-old
man both testified that they met at
Tillicum Mall Jan. 26. The man
was selling a single waterbed
which the woman wished to buy
for one of her two children.

The two Victoria residents went
in his car to his parents’ home in

- Sidney, where the woman began

measuring the waterbed to sec if it

_ would fit in the child’s room.

The woman testified that the
man grabbed her around the waist,
pushed her against the wall,
rubbed his groin against. her,
kissed her and touched her breasts.

She objected and repeatedly
pushed him away until he stopped.

She left the house but: accepted a-

ride with him back to the mall, she

- said.

&

The man “testified that..the
woman told him: he=had a cute
buttocks and that she wanted to go

out with him, He was angered. by ©
“her advances, he said, because his

_ father had recently died and she .
made the suggestion while in ‘his:

_ father’s. bedroom. .

“I said the last. thing on ) my

.. mind. was .to»make it with’ a fat,

ugly bag like her,” the man. “said.”

. 7 He claimed: the woman. said, “PI
soget-you for this, you faggot,” ee
* he drove. her. back. to ‘Tillicum

“after.

Mall.

The woman °s “uncle had died a 7
_— few. days before the. incident. aoe
_»The woman said she did. not lay.
“a charge until the next day because’:

TheReview

le nullifies assault charg

The man claimed she had prom-
ised to.show up with her father’s
truck to pick up the waterbed but
arrived in her car. She said she had
gone with the man to Sidncy in his
car because her car was. low on
pas. ne

Licence suspension
was clear,
judge rules

A notice from Motor Vehicles
suspending Michael Brady’s

licence for a month could not be -

misinterpreted, Judge Michael
Hubbard ruled in Sidney provin-
cial court Thursday.

He found the Sidney 19-year-
old guilty of driving while his
licence was suspended and fined
him $300. He also suspended
Brady’s licence for an additional
six months.

“You could well be going to jail

for seven days,” he warned Brady.

Crown counsel Derek Lister.

said Brady, driving his own car,
“was stopped by police-at. 2:20 a.m.

“June 29 at: the intersection of East’

Saanich and McTavish roads. A.

~ check revealed the youth’s licence

was suspended. .
The youth claimed he had
received three letters: on the

licence suspension but believed

the suspension did not take effect

until he had turned his licence in

“to the Motor. Vehicle. Branch. :

“not We misunderstood. :

‘she believed she did not have’ a

case since no rape occurred. How-
~ ever, after talking to her family, she. }

called. Sidney RCMP Jan.-27 and
showed police where the alleged
assault occurred Jan, 28. -

“He has no. right to touch me
without me giving ‘my. consent. I
have two. daughters and Tam very

concerned that. there are people

out there who don’t ask, they just
touch, * the woman said.

The woman is. taller than the
man’s five feet, nine inches, and

weighes five tb. more than his 125:

Ib., she testifies, She said she lifts

weights. three times a week aa

finess. club,
She had been ina “doughnut

‘shop, talking with. her children

about buying waterbeds for them,

when the rial, silliaigs at as aadjest ine

ing table, told -her he had a wats

erbed for sale, She wok his phone

-number and called two days later
10 arrange to sce the waterbed,

FALL HOURS ..
Commencing Sept. 11, 1989

' Pub Open
~ 1200-2300 Hours,
Tuesday thru Sunday.
Restaurant Open
-1200-1430/1700-2100 Hours,
Wednesday thru Sunday.

Thank you for your patronage.
2270 Harbour Road, Sidney

roll of film.
SPECIAL

SUMMER?

“BYHST..
GALLERY
9764-th Streel

Kidney. AC

Hep ta SAUswhy

BSb-RIST.

Wednesday, September 13, 1989 — A21

aT prom O°9 a 4

= Examining a:copy of the final "=
leuer from. the superintendent of fo
“Motor' Vehicles, Judge Hubbard:
‘said the ‘notice was clear and could

= P te ROLL OF FILME

DURING OUR SPECIAL

SUMMER MEMORIES
PROMOTION?

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the family or gang
ina frame, and.»
receive a FREF |

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OW OPERLIN GCAMPRELL RIVER

The man had four convictions
between 1973 and 1983 tor pos-
session of a narcotic and two
convictions for mischief.

Judge Hubbard said the question
in the case was credibility.
Although both witnesses gave
credible evidence, he questioned
the woman’s acceptance of a ride
back to Tillicum Mall with the
man following the alleged assault.

“Tam left with a reasonable
doubt,” he said.

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