New trial granted to former Fort St. James fire chief in sexual assault case
B.C. Court of Appeal rules that judge's conduct 'was not reasonably indicative of an open mind'
The B.C. Court of Appeal has ordered a new trial for Robert Bennett, a former fire chief from Fort St. James, B.C., who had been convicted of sexually assaulting three female firefighters.
Bennett was in charge of the volunteer fire department at the time. During his 2015 trial, court heard testimony related to a toxic environment at the fire hall where lewd comments were common.
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In two of the cases, female firefighters alleged Bennett groped their breasts and made unwanted sexual comments. In another case, a female firefighter alleged Bennett exposed himself and attempted to have sex with her.
During the original trial, B.C. Supreme Court Justice Glen Parrett said Bennett's presence at work in recent years was little more than a display of his struggles with alcoholism.
Testimony of one male firefighter
In ordering a new trial, the Court of Appeal found that in the original trial Justice Parrett dismissed the testimony of a male firefighter who contradicted evidence supporting the victims.
"In this case, part way through the trial, the judge read the perjury provisions of the Criminal Code to a witness favourable to the defence, directed the Crown to advise the RCMP's Major Crimes Division to investigate that witness's evidence and volunteered to address the evidence with that body," read the Court of Appeal judgment.
"In my opinion, a reasonable observer would conclude that this conduct was not reasonably indicative of an open mind, whether or not the judge actually had an open mind."
The judge heard the evidence of the three complainants and seven other witnesses — all of whom were past or present members of the fire department — over five days of trial.