Whitehorse Daily Star

Scene of alleged assault wasn’t searched, photographed

The RCMP did not search or photograph the apartment unit

By Rhiannon Russell on May 15, 2015

The RCMP did not search or photograph the apartment unit where Michael Nehass allegedly assaulted a woman, an officer testified Thursday in Yukon Supreme Court.

Const. Patrick McRorie took the stand yesterday, on the fourth day of Nehass’ jury trial.

It’s alleged the 31-year-old hit and choked a woman, held a knife to her throat and threatened her in a Watson Lake apartment on Dec. 21, 2011.

He faces five charges in connection with the incident, and is representing himself at his trial.

McRorie was the lead investigator on the case. He testified yesterday that he went to the Lakeview Apartments in Watson Lake after a woman reported an assault involving a knife and possibly a firearm.

He and Const. Colin Kemp knocked on a few doors in the building, including that of Kathy Bailey, where the incident was said to have taken place.

They couldn’t find Nehass, so the officers went to the home of the alleged victim, Agnes Reid. They took a statement from her, and took photos of her neck to document some redness.

“She was upset and shaking,” McRorie testified.

Besides the redness, Reid had no other injuries, he said.

Under cross-examination by Nehass, McRorie said he talked to Bailey at her apartment that day but there was “nothing out of the ordinary” about her.

“She did not appear distraught,” he said.

According to Reid’s testimony earlier this week, both Bailey and her spouse watched the 30- to 45-minute assault happen, but did not call police.

Nehass questioned the officer about why, given such a serious crime was alleged, police didn’t enter Bailey’s apartment and take photos of the crime scene or search for the knife or gun Reid said Nehass had.

McRorie said as he stood in the doorway, nothing looked out of place in Bailey’s apartment.

No witnesses reported seeing a weapon, nor were there any complaints of loud noise at the time of the alleged offence, McRorie testified.

Bibhas Vaze, a lawyer assisting with the trial this week as amicus curiae, or “friend of the court,” asked the RCMP officer if he took any photos of the building.

He did not, McRorie said.

Vaze asked him if he searched for broken glass in the apartment’s stairwell, where Reid said Nehass hit her so hard her glasses flew off. McRorie said he didn’t.

Nor did he take a statement from Bailey that day, the officer said. He took statements from her and other witnesses in early January.

The 12-person jury also heard from Reid’s former common-law partner, Lyle Gilmore, Thursday.

He said he remembered Reid coming home one night “bawling her eyes out.” She was shaking uncontrollably, he said, and had peed her pants.

“She didn’t sleep for almost two days,” he said.

Under cross-examination, Gilmore said he couldn’t be sure this happened on Dec. 21, 2011, the day of the alleged assault.

Kathy Bailey’s daughter, Lacey, also testified briefly Thursday.

According to Reid, Lacey was in the apartment when Nehass brought Reid in. He demanded that Lacey and Kathy’s other children leave, Reid testified.

Lacey said that she doesn’t remember any such altercation, though she admitted she was using drugs and drinking heavily at that time, and doesn’t remember much from that time.

It’s expected Kathy Bailey will testify today, and the Crown will wrap up its arguments.

Justice Scott Brooker has said he won’t charge the jury today so they won’t be sequestered over the long weekend. The trial will reconvene Wednesday.

Comments (1)

Up 24 Down 12

Josey Wales on May 15, 2015 at 8:06 pm

Maybe the Mounties did not bother to do their due diligence as it clearly is futile in our legal system?
In a odd spin, maybe even they see the effects of this and other "Gladue Kangaroos" that jump from one crime scene to another with yet another soon to come?
Hopefully he is not able to maim or kill too many folks, in his pursuit to "heal", come to terms with the 21st century and exercise his rights to be angry and violent as per gladue excuse book?

Gladue garbage....brought to us by the PC Crusaders and their minions.
Till next time Gladue Kangaroo....and we all know there will be a next time.
Question is who?

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