(rdnewsNOW / Sheldon Spackman)

By Sheldon Spackman

Acquitted

Former Mountie found not guilty of sexual assault

Dec 4, 2020 | 1:00 PM

A former Mountie accused of sexually assaulting a colleague during an off-duty party in northern Alberta eight years ago has been found not guilty.

Jason Andrew Tress, 34, was facing one count of sexual assault in the alleged March 1, 2012 incident which took place in Faust, AB where Tress was stationed at the time before being transferred to Red Deer.

However, after three days of testimony from both Crown and defense witnesses, Justice Nathan J. Whitling ruled on Friday that the Crown simply could not prove beyond a reasonable doubt that the alleged offense took place.

“There is no question the complainant’s memory has been significantly impacted due to her alcohol consumption that night and the passage of time,” said Whitling, further noting significant inconsistencies in the complainant’s different recounts of the event to various individuals in the time that followed.

During her testimony this week, the complainant, whose name is protected under a publication ban, claimed Tress had his mouth over her left breast while she lay in her bed on the verge of passing out.

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Tress denied those claims when he took the stand Wednesday.

Defense lawyer Maurice Collard says both he and Tress are pleased with the decision.

“I appreciate that the flavour of the day is for government to pick on police officers. However, for ASIRT to be digging up garbage from 2012 that has already been found to be unfounded is shameful. This community needs more good police officers, not less, and they should stop being targeted,” Collard suggested.

“Mr. Tress is very happy he won the trial, but the career and reputation of a good police officer has been destroyed and that remains a tragedy,” he added.

In regards to the ‘Me Too’ social movement against sexual abuse and sexual harassment where people publicize allegations of sex crimes committed by powerful and or prominent men, Collard says it’s not about whether victims should be believed or not.

“Her evidence was not preferred by this court, it was not picked over the evidence of Mr. Tress. The Crown could not prove their case beyond a reasonable doubt, and I think that should have been known in 2012.”

Last year, Tress was found not guilty of sexual assault with a weapon, but convicted of breach of trust in relation to an on-duty incident in May, 2016 and given a six-month conditional sentence.

Related: Conditional sentence for former Red Deer Mountie guilty of breach of trust

Tress was also found not guilty in 2019 of sexual assault and criminal breach of trust in relation to an alleged incident at the Red Deer RCMP detachment in July, 2016.

Related: Red Deer Mountie acquitted of sexual assault, breach of trust