Suspended Red Deer RCMP Constable Jason Tress (left) leaves the Red Deer Court House with defence lawyer Robb Beeman (right) on Tuesday after being found not guilty of sexual assault with a weapon, but guilty of breach of trust charges regarding an on-duty incident in Red Deer on May, 1, 2016.

By Sheldon Spackman

second of three trials

Red Deer Mountie guilty of breach of trust

Sep 24, 2019 | 1:53 PM

A Red Deer RCMP officer has been found not guilty of sexual assault with a weapon, but guilty of breach of trust for his actions during an incident over three years ago.

The charges against Cst. Jason Tress stemmed from the early morning hours of May 1, 2016 when Tress and three other officers responded to a domestic dispute at a Red Deer apartment.

Court heard during trial this past June that Tress took the female complainant, who was 19 at the time, into a bedroom for questioning and closed the door.

The complainant said their conversation took an unexpected turn when Tress asked whether her breasts were real or fake.

The woman testified she then asked Tress twice to let her out of the bedroom, waiting “what felt like 20 to 40 seconds” before he stepped aside and allowed her to leave.

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Tress denied ever asking the woman about her breasts.

During trial, defence lawyer Robb Beeman argued that the complainant couldn’t be believed because she had a lot to drink that night, making her recollection of what took place unreliable. Beeman conceded that while what Tress did that night may have been unprofessional, it wasn’t criminal.

Crown prosecutor Photini Papadatou suggested the woman’s testimony was in fact credible and accused Tress of lying in a bid to cover up his actions.

While announcing his decision Tuesday in Red Deer Court of Queen’s bench, Justice David Gates pointed out the only notes Tress had on the incident were the name, address and phone number of the complainant he was questioning, and nothing regarding the domestic dispute call. Gates said he found Tress’s lack of notes “troubling.”

“I find that the accused’s attention was drawn to (the complainant’s) appearance, so as to pursue a personal agenda,” Gates said. “The accused made highly offensive and inappropriate comments about her appearance.”

Gates further described Tress’s actions as “somewhat predatory in nature,” saying Tress orchestrated a scenario to be alone with the complainant while leaving his partner alone with a domestic dispute witness in a kitchen without checking to see if either witness to be questioned was in possession of a weapons after a knife was initially surrendered.

“The accused’s dialogue with the complainant regarding her physical appearance and attributes was clearly for a corrupt purpose,” added Gates.

Gates has ordered a pre-sentence report be completed in advance of Tress’s sentencing on November 26. In the meantime, Tress has been ordered to surrender his passport and not leave the country without checking first with the court.

The maximum sentence for breach of trust is five years in prison.

Earlier in June, Tress was found not guilty of sexual assault and breach of trust charges stemming from an incident that took place on July 1, 2016 in Red Deer.

This November, Tress is scheduled for trial on a count of sexual assault in relation to an incident that happened in 2012.