A man accused of beating his wife with rolls of wrapping paper was acquitted of an assault charge last month.

Sabine Wedekindhorns said her husband, Hans Joachim Karl Blankenburg, attacked her after she asked him to turn down the television because she was trying to sleep the evening of Dec. 1, 2004.

At first Blankenburg ignored her, but when Wedekindhorns asked him again, he told her he could watch TV for as long as he liked.

Although Wedekindhorns said she normally wouldn't argue with her husband, she continued to ask him to turn off the television.

An argument ensued and Wedekindhorns told her husband perhaps it was best the couple, both originally from Germany, go their separate ways.

When Wedekindhorns suggested her husband leave the residence, Blankenburg picked up rolls of Christmas wrapping paper and started hitting Wedekindhorns.

She tried to protect herself by putting an arm in front of her face and he hit her several times on the back as she was bent down.

The woman managed to find her roll of wrapping paper and hit her husband back, court heard from Wedekindhorns.

This surprised him and he stopped hitting her.

Wedekindhorns was afraid Blankenburg would hit her again so she picked up two liquor bottles from the shelf.

When the woman put the bottles down, her husband grabbed her, turned her around and physically put her in the kitchen corner.

He let her go and Wedekindhorns ran to the door and started screaming.

Blankenburg left their home and Wedekindhorns called the RCMP. When Blankenburg returned, he could not get back in the house.

Wedekindhorns' husband's account of that night was a little different. Blankenburg said he was peacefully watching TV when Wedekindhorns ordered him to shut it off.

He said she 'went off suddenly,' holding a roll of Christmas wrapping paper in each hand, and began striking him repeatedly over the head with them.

Blankenburg said he put his hands and arms over his head for protection and ordered his wife to stop such nonsense.

He testified his wife hit him about 40 times, then told him to leave, which he obeyed.

Blankenburg started packing a suitcase and said Wedekindhorns came in holding a wine bottle in each hand.

She tried to smash the bottles over his head, but was unsuccessful.

Blankenburg said Wedekindhorns was no match for him in a fight, but he was concerned whether anyone would believe he was acting in self-defence, so he decided to leave.

He ran out of their home wearing his 'shirtsleeves' and his felt boot liners.

Blankenburg said he ran to his neighbour's and begged for asylum.

He waited there for a couple of hours, then returned home, finding himself to be locked out. Blankenburg said he called police and asked them to help him regain entry into the house.

Territorial court Judge Karen Ruddy, who heard the case, said the matter was one based on credibility.

'It would be much easier if my task were simply a matter of determining which story is more believable,' Ruddy said in her written decision.

'I would prefer Ms. Wedekindhorns' evidence to that of Mr. Blankenburg. She testified in a clear and straightforward manner, and her version had a significantly higher air of reality to it.'

Instead, Ruddy had to apply a legal test. In the first part of that test, Ruddy looked at the evidence of the accused. If she believed Blankenburg, she would have acquitted him.

In this case, Ruddy didn't believe Blankenburg, who was once a police officer in Germany and is familiar with a number of fighting tactics.

'He made it clear that he could have easily disarmed the complainant,' said Ruddy.

She noted that Blankenburg essentially said, in Germany, he could have done whatever he wanted to Wedekindhorns as police there do not mess in family affairs.

'This comment speaks volumes with respect to his attitude towards violence against women,' said Ruddy.

She described Blankenburg as a very authoritarian individual who does not like to display weakness nor be contradicted.

In court, Blankenburg insisted he did not have a hearing problem, when Ruddy noted that it was clear that he did.

'For Blankenburg to meekly obey Ms. Wedekindhorns' order to leave the house, and then flee to the neighbours to beg for asylum, is entirely inconsistent with the personality and attitudes he displayed at trial,' said Ruddy.

She said in Blankenburg's testimony, it seemed implausible for Wedekindhorns to have flown into a berserk rage, with virtually no provocation, while Blankenburg 'was the soul of patience and reasonableness.'

Ruddy also found it odd that Wedekindhorns would attack Blankenburg with two wine bottles after he'd already agreed to her demand and was complying by packing a suitcase.

'She had what she wanted at that point,' said Ruddy. 'It makes no sense that she would not only continue the attack, but would escalate the level of violence.'

However, as part of Ruddy's legal test, she had to ask herself if there was any reasonable doubt.

'In so doing, I found myself with one piece of evidence I could not reconcile,' she said.

Blankenburg had testified that, when he fled the residence, he was wearing his shirtsleeves, track pants and the felt liners from his boots.

This was confirmed by the RCMP who arrived at the scene. Blakenberg was inappropriately dressed for the cold weather.

'On Ms. Wedekindhorns' version of events, it would make absolutely no sense for Mr. Blankenburg to flee the house without stopping for appropriate outer clothing,' said Ruddy. 'He had the upper hand in the altercation.'

Ruddy noted his attire was more consistent with that of someone fleeing for safety reasons.

'(It) raises a question in my mind as to whether there may be some truth to Mr. Blankenburg's version,' said Ruddy, who acquitted Blankenburg of assault.

Wedekindhorns suffered injuries during the altercation, noted Ruddy.

In photographs of those injuries, Wedekindhorns is seen with a number of scratches and scrapes.

'In my view, the rolls of paper could not have caused the injuries suffered,' said Ruddy.

RCMP Const. Rick Aird testified that he was told by Wedekindhorns that she was pushed into shelving unit. The injuries were more consistent with that type of event.

However, later in court, Wedekindhorns failed to mention being pushed. She mentioned only being struck with rolls of wrapping paper.

'Clearly, something happened to Ms. Wedekindhorns, but the version she provided at trial was not consistent with the injuries viewed,' said Ruddy.

The judge said that because of Wedekindhorns not providing enough information she can only be left with a reasonable doubt as to what actually happened, which is why she acquitted Blankenburg.