A Tagish man took the stand Wednesday to testify to his version of events surrounding an accusation of sexual assault.
Edwin Codey Campbell, 25, stands accused of sexual assault alongside his brother William Kelly Campbell, 23.
The alleged assault occurred on Nov. 29, 2016 at his grandfather’s house in Riverdale.
Justice John Vertes is presiding, and the name of the woman who has accused the two brothers cannot be published.
Andre Roothman, Campbell’s attorney, asked him how long he had known the complainant. Campbell, a former Whitehorse resident, said he had known her since high school.
Roothman asked how many times he had seen her prior to the incident. The accused said he would see her around Whitehorse once a week or so, at his girlfriend’s place.
The two women were friends. Her name also cannot be published, as it could identify the complainant.
Campbell testified he would also see the complainant at his grandfather’s home, at the 202 Motor Inn pub and at a friend’s apartment at the Skyline complex in Riverdale.
Roothman asked if Campbell ever drank with the complainant. He said they were drinking 90 per cent of the times they met, adding she would normally drink coolers or ciders, as well as vodka, rum, whiskey and wine.
During a normal social outing, he testified, she would bring a six pack of coolers and a 26-ounce bottle of vodka, and drink most of it. The group would share alcohol if anyone ran out.
Campbell said the complainant never slurred her words nor stumbled around.
“She always appeared very well-enabled, and kept her composure,” Campbell said,
Roothman then asked him to go through the events that led to the sexual encounter.
Campbell said his girlfriend had invited the complainant out to the 202 for drinks the night before, Nov. 28, 2016. He and his girlfriend were at Giorgio’s Cuccina for the girlfriend’s staff party, after which they decided to go to the 202 at around 8:30 p.m.
He told the court he did not drink, as he was driving that night. He said the complainant had three or four drinks before the group left the 202 between 10 and 11 p.m.
They got into the girlfriend’s truck and drove to the TD-Canada Trust bank for the complainant to take out $20. The plan was for all of them to pitch in to buy more alcohol at the Riverdale Neighbourhood Pub and Off-Sales.
There, the girlfriend purchased a bottle of cider and a 26-ounce bottle of Wiser’s whiskey. They went to the Skyline apartment, where Campbell’s brother and sister were.
Campbell said he drank some of the whiskey, mixed with Coke, and snorted two lines of cocaine while at this apartment. He said the complainant continued to drink.
He said she was still walking and talking fine.
“She seemed normal,” he said.
Campbell, the girlfriend and the complainant left at around 5 a.m. , and he made the 90-second drive to his grandfather’s house. His brother remained at the apartment.
Campbell said he was tired of waiting for his sibling and just left.
Campbell testified he went there because he didn’t feel like driving back to Copper Ridge, where he and his girlfriend lived, so crashed at his grandfather’s house.
The grandfather was home but quickly left after they entered. The group quietly entered one of the bedrooms, got onto a bed, and talked. They were eventually joined by Campbell’s brother.
The grandfather returned, and the group quickly pretended to be sleeping. Campbell said they heard him walk by and grumble something.
Eventually, Campbell’s brother asked the complainant to join him in a nearby room to lay down with him. He said she got up and went with him.
From there, Campbell tried to fall asleep but could not because of the cocaine. His girlfriend was sleeping.
He went to the kitchen, then the living room, and listened to music through a Bluetooth speaker, which his grandfather eventually told him to turn off – which he did.
With their grandfather grumpy, Campbell’s brother left the residence to avoid him.
Campbell gave his grandfather $20 to buy cigarettes and tried to sleep again. He walked down the hall to the two rooms and was stopped by the complainant, he says.
He testified that she asked him to lay down with him, which he did. Kissing escalated into oral sex. He said she did not try to fight him off in any way, explaining that she would push her body into his.
Campbell said he eventually stopped to go get a glass of water. He came back down the hall and was called back into the room with the complainant, he testified. They kissed again, and he continued performing oral sex.
When this stopped, he stood up and went to the doorway. He said she asked him to help her find her cellphone. He went to grab the landline and called the cellphone, which they found under the bed after it rang.
After that, the complainant went to the room where the girlfriend was sleeping. She asked for her clothes, and he helped find them.
Roothman asked if he had attempted to have sex with her, tried to roll her over or pin her down. Campbell said he had done none of those things.
Roothman asked if Campbell demanded the complainant perform oral sex on him. He denied ever making such a request.
Cross-examining Campbell, Crown counsel Amy Porteous asked him if he is still with the girlfriend. He said they had broken up two months ago, but remain close. He said they spoke on Tuesday, and he sent her a text Wednesday which was not related to the trial.
Porteous asked why he was mindful of driving under the influence of alcohol when he was at the 202, but not after leaving the Skyline. He responded he guessed it did not bother him at the time.
Porteous asked if he normally fooled around with another woman while his girlfriend was in the next room. Campbell said he had acted that way because he had been drunk and high.
Porteous asked if he and the complainant had spoken about having sex before; he said there had been no conversation. He added that she moaned as if she was enjoying it.
Porteous said people can moan for reasons other than pleasure. Campbell agreed, but said he could tell the difference and he would have stopped if she asked.
“All she would have had to say was no,” Campbell said.
Porteous asked if Campbell told his girlfriend what happened. He said he did not.
He added they did not discuss it when he was arrested or released.
Porteous felt it hard to believe that his girlfriend was not upset that he had allegedly sexually assaulted one of her friends.
Campbell said his girlfriend only spoke about this when she was drunk. He added that there was enough trust in the relationship that they did not let it drive a wedge between them.
Porteous asked Campbell if he intentionally sent his 87-year-old grandfather to buy cigarettes just to get him out of the house.
He said he just wanted cigarettes and added that while he may be 87, the grandfather is still an active man who works.
Roothman said he intended to call William Campbell to take the stand today.