BC Supreme Court Justice Ronald Tindale acquitted an Atlin man on Oct. 3 after the Crown failed to prove charges that he assaulted, sexually assaulted and threatened a woman with death or bodily harm.
Alfred Hanson Dennis pleaded not guilty before he stood trial for three days in Prince George, accused of the offences against a woman with whom he was travelling in early 2023. The trial was held under a ban on information about the identity of the complainant.
Dennis testified in his own defence and flatly denied the allegations against him.
Tindale, in his oral verdict, said he had concerns about the credibility of both Dennis and the complainant. He ultimately ruled that he could not decide which one to believe about what went on at the Super 8 Motel in Valemount on Feb. 20, 2023.
The trial heard that the two had returned to BC from Alberta and stopped overnight in Valemount instead of continuing on to Vancouver. Tindale said they “both gave diametrically opposed versions of the events that occurred at the Super 8 Motel.”
According to the complainant’s version, she showered and remained sober while Dennis drank a full bottle of whiskey and some more from another bottle. They argued and Dennis allegedly shoved her, striking her in the mouth and nose, causing her to bleed. She said he eventually threw an empty bottle at her, which smashed against the wall, prompting a call from the front desk.
Dennis, she said, decided to leave, but grabbed her by the arm, pushed her on the bed, tried to choke her and proceeded to sexually assault her. She testified Dennis injured her shoulder, neck, back, legs, torso, lip, nose and rectum.
In his testimony, Dennis denied striking and threatening the complainant, spitting in her face, choking her or having any sexual activity with her.
He did admit to drinking heavily that evening, but said he went to bed.
Tindale said the testimony of the accused had to be “viewed with some caution,” because Dennis admitted drinking a significant amount of alcohol on Feb. 20, 2023 and his timeline and account of travel with the complainant were wrong.
However, Tindale found it “implausible” that the complainant could have driven from Valemount to the Lower Mainland using one hand due to an injury.
“There have been no medical records or even photographs of the complainant's injuries tendered on this trial,” he said. “The complainant said that she worked the week after this incident.”
Moreover, no family members or co-workers were called to testify to attest to the extent of her injuries. That did not make sense to Tindale, because she testified about having a large family and that she did not seek medical attention until months later.
“Given the accused’s flat denial that these offences occurred, the lack of confirmatory evidence in relationship to the complainant's injuries and her evidence regarding the front desk clerk and the altercation in the parking lot is notable,” Tindale said.
“Considering all of the evidence, and given the concerns I have about the credibility of both the accused and the complainant's evidence, absent any confirmatory evidence, I am unable to determine who to believe in this matter.”
