Whitehorse Daily Star

Statement contradicts woman’s testimony

A woman who says she witnessed an assault in Watson Lake three years ago told police at the time she never saw anything.

By Rhiannon Russell on May 21, 2015

A woman who says she witnessed an assault in Watson Lake three years ago told police at the time she never saw anything.

On Wednesday, day six of the jury trial of 31-year-old Michael Nehass, an audio statement taken by Watson Lake RCMP was played in the courtroom.

Nehass is accused of assaulting a woman named Agnes Reid in a Watson Lake apartment building, holding a knife to her throat and threatening her and her family.

In the statement, dated Jan. 5, 2012, Kathy Bailey, then-manager of Lakeview Apartments, tells Const. Colin Kemp that she never saw Nehass assault Reid, nor did she even see Reid in the building on the day of the alleged offence.

That was Dec. 21, 2011.

On that day, Bailey told the officer she was cleaning and vacuuming the building, getting ready to go on vacation.

At one point, she saw Nehass walk through the hall, shirtless and with no shoes on, she said. He waved at her, and she said, “Get out of the way, I’m cleaning.”

She said two RCMP officers came by that evening and asked if she’d seen an altercation between Nehass and Reid. She told them she didn’t.

In her statement to Kemp, she said she went over to her neighbour’s unit after the police left and asked if she’d seen or heard anything.

The neighbour said she hadn’t, and that her front door had been open “the whole time,” Bailey said.

“If something was going on, nobody saw it,” Bailey told Kemp.

She said she didn’t see Reid at all that day, and she only saw Nehass that one time briefly in the hallway.

Bibhas Vaze, a lawyer appointed to assist in the proceedings because Nehass is self-represented, asked Bailey which story was true – her statement or the testimony she gave in court last week.

Bailey testified that she was in her apartment with her ex-husband when Reid and Nehass came through the front door. Nehass hit Reid, held a knife to her throat and said he was going to stab her, Bailey said.

In court Wednesday, the woman said her testimony was the truth – that she did witness Nehass assaulting Reid.

“So your evidence is that, at certain parts, you lied to the officer?” Vaze asked.

“Didn’t tell the truth,” Bailey replied.

“That means to lie,” said Vaze.

Bailey said she was worried about the safety of her daughter Lacey, who hung out with Nehass’ sister, and that’s why she denied seeing anything.

Vaze pointed out that in the audio statement, Bailey speaks clearly, without hesitation.

Wouldn’t her memory be fresher and more accurate near the time of the offence rather than now, more than three years later, Vaze asked Bailey.

She said no.

Vaze suggested Bailey and Reid came up with a plan for what to say in court. He said both women thought Nehass was a punk who they wanted out of the community.

Bailey denied this.

Court also heard Wednesday morning that Justice Scott Brooker had to issue an arrest warrant when Bailey didn’t arrive to testify last week.

She was subpoenaed a few months ago, and showed up to court last Monday, the first day of the trial, but was sent home, Bailey said.

She was supposed to return Thursday, but couldn’t because of a medical emergency, she said.

On Thursday evening, an RCMP officer stopped by her Whitehorse home and reminded her she had to be in court the following morning.

She didn’t show up.

Brooker then issued a warrant for her arrest. Police found her at her place of employment and brought her to the courthouse last Friday morning.

While being cross-examined by Vaze, Bailey admitted she didn’t want to testify, but that she wasn’t evading the proceedings.

“I just didn’t take it that seriously,” she said.

Vaze, though, suggested the delay was because she was “trying to decide which set of lies you were going to tell when you came to court.

“You were trying to decide whether you were going to lie at all. But ultimately you did come here and lie, correct?”

Bailey denied that.

She was the Crown’s last witness.

Const. Patrick McRorie, the lead investigator on the case, testified last week that police never found a knife, nor did they take any photos of Bailey’s apartment, the alleged crime scene.

They did take photos of some redness on Reid’s neck. She sustained no other physical injuries, McRorie testified.

Nehass is not calling any evidence, nor will he testify in his defence. The trial resumed this morning with closing arguments from Crown prosecutor Terri Kaur, Vaze and Nehass.

Justice Brooker is expected to charge the jury tomorrow morning, meaning he’ll review the evidence and give the 12 jury members instructions on the law that applies in the case.

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