Whitehorse Daily Star

Accused RCMP officers bound over for trial

The two RCMP constables accused of sexually assaulting a woman in Watson Lake have been ordered to stand trial later this year.

By Justine Davidson on August 6, 2009

The two RCMP constables accused of sexually assaulting a woman in Watson Lake have been ordered to stand trial later this year.

In the meantime, both have had their bail conditions relaxed.

Graham Belak, 30, and Shawn McLaughlin, 32, are charged with sexually assaulting a woman in the Yukon-B.C. border town on March 8. They have both pleaded not guilty to the crime and are free on bail.

A preliminary hearing was held in Whitehorse this week so a judge could decide if there is enough evidence in the case to warrant a trial.

After hearing from the alleged victim and six other Crown witnesses, visiting judge Mike Hubbard of Victoria ordered the trial to go ahead.

None of the evidence given at the hearing can be published, nor can the victim's name be made public.

At the same hearing, the lawyers acting for Belak and McLaughlin asked the judge to loosen the men's bail conditions so they can drink.

A no-drinking condition is generally put on people who have been charged with violent or alcohol-related crimes.

Despite Crown prosecutor Robert Beck's objection that removing the condition might upset people in the community, the judge said the men would be permitted to imbibe.

They may not drink excessively, however, and must submit to breathalyzer tests if asked to do so by a police officer, the judge ordered.

At least two of the accused constables' former RCMP colleagues were in the courtroom during the two-day hearing.

Dressed in street clothes, they sat behind the defence table and spoke to Belak and McLaughlin during the breaks.

The men are also allowed to leave the territory, another relaxation of the typical bail conditions in sexual assault cases.

Both left the Yukon after the charges were laid against them.

This week, the court heard that McLaughlin plans to move permanently to The Pas, Man., while Belak intends to live in Whitehorse.

Belak and McLaughlin are accused of assaulting the same woman on the same day. They were off duty at the time of the alleged offence and were suspended with pay once the charges were laid against them.

After initial inquiries were made into the case by the local Mounties, the Edmonton city police force was called in to take over the investigation.

Beck was also brought in from Alberta to prosecute the men, as the Yukon-based federal prosecutors would have worked closely with both men in their capacity as police officers.

This hearing was the first time they have appeared in court since the charges were laid. The matter was moved from Watson Lake to Whitehorse earlier this summer.

The accused men have elected a judge and jury to hear their trial.

They are represented by Toronto-based lawyers Andrew McKay and Robert Warren.

Comments (1)

Up 0 Down 0

Andr� Roothman on Aug 6, 2009 at 10:42 am

So I guess that the sexual assault does not imply violence, or that sexual assault per definition is a form of "assault" that is not an "assault" and for that reason these guys are now allowed to drink! Seems like the cops are entitled to special treatment, since a no drinking conditions are not normally relaxed.

Annoyed

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