Roommate torturer Dustin Paxton won't get new trial

Convicted roommate torturer Dustin Paxton's aggravated and sexual assault convictions have been upheld by the Alberta Court of Appeal.

The court released its decision on Wednesday, one month after hearing arguments from Paxton's lawyers and Crown prosecutors.

In its Court of Appeal judgment, justices Bruce McDonald, Myra Bielby and Frederica Schutz stated: "There was no evidence to suggest anything upon which Paxton could base a reasonable and honestly thought through belief that D. L. was consenting to sexual contact with him in these circumstances."

The roommate — whose identity is protected by a publication ban because he was the victim of sexual assault — was left disfigured and suffers from permanent brain damage.

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The justices also said in their ruling: "It is hard to imagine a situation more compelling than the one found to exist by the trial judge, of regular beatings inflicted serious bodily harm on D. L., to support his evidence that he feared being beaten by Paxton if he did not comply with his sexual expectations. The evidence supports this fear, even if threats were conveyed by gesture rather than orally."

"Paxton created an atmosphere where D. L. was required to provide total obedience through physical and psychological control of this vulnerable person."

Victim has permanent brain damage

In 2010, Paxton dropped off his victim at a Regina hospital weighing just 87 pounds, disfigured from daily beatings and with permanent brain damage.

Paxton, 36, was deemed a dangerous offender and handed an indeterminate sentence in 2012 after being convicted of assaulting his victim and business partner over an 18-month period.

Paxton's lawyers, Alias Sanders and Andrea Serink, argued his conviction should be overturned because of errors made by the trial judge.​

In his grounds of appeal, Paxton's lawyers argue Justice Sheilah Martin demonstrated bias during the trial, and his charter rights were violated because expert testimony that described the victim's testimony as unreliable was excluded.

Saunders asked for an outright acquittal, arguing the trial judge should not have found that Paxton was guilty of sexual assault because his roommate's testimony was vague and based on "perceptions," not detailed memories.

Appellate prosecutors Jolaine Antonio and Dave Labrenz argued the stay application was frivolous and should have been dismissed without even hearing arguments from the defence.

Paxton is also appealing his dangerous offender designation and indeterminate sentence. Those arguments will be heard at a later date.

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Timeline of key dates in the case of Dustin Paxton who tortured, abused roommate

2008: Dustin Paxton and the victim move in together in Calgary with plans to start a moving company to take advantage of a booming energy economy.

Oct. 31, 2008:The victim receives the first of almost daily beatings and chokings from Paxton.

September 2009: The victim is admitted to hospital with a crushed eye socket. He says a refrigerator fell on him at work. X-rays show multiple broken ribs, breaks in his vertebrae and lacerations to his spleen, liver and small intestine.

February 2010: The victim's family stops hearing from him.

March 2010: Paxton and the victim move from Calgary to Regina and rent an apartment. A man living below the suite says he regularly hears disturbing sounds coming from there.

April 12, 2010: Missing person's report is filed for the victim in Calgary.

April 16, 2010: The victim is dumped at a Regina hospital in critical condition. He weighs 87 pounds when he is admitted. His previous weight was 245 pounds.

Aug. 25, 2010: Dustin Paxton is arrested by police in Edmonton.

Aug. 27, 2010: Paxton makes his first court appearance in Calgary by a video link. He appears confused and agitated and says he doesn't understand the charges against him. "I want a lawyer," Paxton tells the court.

Nov. 1, 2010: Paxton deemed fit to stand trial after being examined by a court psychiatrist.

Sept. 27, 2011: Trial begins. Crown calls 43 witnesses in the trial which took 4 1/2 months.

Oct. 31, 2011: Victim testifies from behind a screen so that Paxton won't be able to see him. He says he didn't leave because he didn't want to be seen as a "sissy." He also says he did whatever Paxton told him to do. "Only because I didn't want to get beat," he says. "He was getting more and more violent every day."

Feb. 6, 2012: Justice Sheilah Martin finds Paxton guilty of sexual and aggravated assault.

Oct. 16, 2013: The victim testifies at Paxton's dangerous offender hearing. He tells court: "I don't want to live the rest of my life in fear, too. I want to make sure that nobody else ever has to suffer like me."

Dec. 19, 2013: Paxton is found to be a dangerous offender and given an indeterminate jail sentence. Paxton addresses the court but  doesn't apologize. "I'm working with these experts who are working to make me a better person," he says. "I will remain fully committed to a regime of counselling and programming that is essential to my rehabilitation."

Jan. 2, 2014: Lawyers file appeal of Paxton's sentence and conviction. They argue the trial judge made errors, showed bias and shouldn't have excluded a defence expert who found the victim's testimony unreliable.

Oct. 12, 2016: Alberta Court of Appeal hears appeal of Paxton's Conviction.

Nov. 16, 2016: Appeal Court rejects Paxton's appeal and upholds convictions on sexual and aggravated assault.