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Complainant denies torture story made up as part of theft plot

The court also heard evidence from a nurse who examined the woman
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The Sault Ste. Marie Courthouse is pictured in this file photo
Gary Levar's accuser denied defence suggestions Thursday that he never harmed her, and her complaint to police was part of a plot she had hatched with another man to rob him.

"False," the 21-year-old woman told Ken Walker as he cross-examined her about allegations that Levar held her captive in his home on Sept. 29, 2017 and repeatedly assaulted her with a bat, golf clubs, spear gun, torch and other weapons.

"You think to make it fly you have to pour it on thick, start talking about clubs, a staple gun, torch," he said. "You go overboard to make sure Gary is charged."

The complainant, whose identity is protected by court order, responded "that is false."

Walker continued with his attack, maintaining she had exaggerated throughout her Sept. 30 sworn statement to police, then repeated it in court because she had been cautioned that she could be charged if she gave different testimony.

He referred to "the stove business," where she said Levar had held her over a hot stove, an incident she told the court occurred a couple of weeks before the Sept. 29 night of "prolonged torture."

"Even something as outlandish and ridiculous as that, you feel the need to go along with what you told police," he suggested.

"I feel the need to go along with the truth," she replied.

Levar, 49, has pleaded not guilty to 16 charges, including forcible confinement, sexual assault, administering a noxious substance and numerous counts of assault with a weapon.

Walker said the "real story" was that Levar had earlier kicked her out of his Patrick Street home, telling her she wasn't welcome.

He suggested that when she went there on Sept. 29, and Levar refused to give her drugs or money to buy heroin from another dealer, she, along with another man planned to steal his jewellery, drugs and cash, when Levar was taken into custody for breaching bail conditions.

Calling that incorrect, the woman denied knowing the man he was talking about, but indicated she was aware of his name.

Walker questioned her involvement with Levar, which she had earlier described to the court as "more of a drug-dealer relationship" - she bought crack from him - than friendship.

He referred to her interview with the city police detective where she said Levar was more of a friend and that she thought he cared for her.

The woman said she had thought that, but "at the time I had a twisted" view of what a friend was. "He was not a friend."

She confirmed that she had overdosed at Levar's home after she had "started frequenting" there in June 2017, and told police in her September statement that he had given her CPR, saving her life

That was "incorrect," she said, indicating she had later learned he had called 911.

The woman told Walker "I was still under the influence of drugs your client gave me" when she spoke with the detective in September.

She agreed she "was an addict" who smoked crack and did heroin at that time.

"You had a bad addiction," Walker said. 

"Yes," she admitted, also agreeing she was high when she was at Levar's house.

But she denied that her reality was distorted on the night she said he assaulted her.

"I feel euphoria," from the drugs she told Superior Court Justice Edward Gareau, also agreeing she had indicated to police officers that she was "out of it."

Walker asked about her allegation that Levar had forced her to chew and ingest Molly (a form of the drug MDMA).

"You take it on your own. You're an addict, that's what you do," he maintained.

The woman disagreed.

She also rejected his suggestion that she had taken off her pants and shirt, and fell asleep in Levar's bedroom.

"I did not sleep there. I was held captive ....I unwillingly lost consciousness."

The defence spent some time going over photographs of the woman that had been taken at the hospital after she spoke to police.

Referring to the woman's testimony that Levar had kicked in the face with work boots, he pointed to a picture that he said had been taken 18 to 20 hours after the alleged incident.

The complainant said she could see no bruising in the photo, adding "the bruises came up the next day."

"You're not saying you're a late-blooming bruiser," where bruises show up three weeks later, Walker said.

"No," was her answer.

Pointing to another photo, which showed a burn mark, he suggested it was old.

"Didn't you tell Gary it was caused by a crack pipe falling from your mouth when you fell asleep?" 

She replied "that's incorrect."

On Thursday, the court also heard from a Sault Area Hospital sexual assault nurse examiner.

Christine Simpson said she and another nurse did a comprehensive health examination of the complainant, collected swabs, toxicology samples and items of clothing.

The woman "was crying, curled up on a stretcher and was really dishevelled" when the nurse first saw her.

She told prosecutor Heidi Mitchell that she had done body mapping of the woman - reflecting the results of a head-to-toe examination for trauma.

These diagrams detailed skin injuries, areas of pain, abrasions, swelling, purple areas and redness on various parts of her body.

Simpson described the injuries as recent.

The witness said she took the photographs of the woman's injuries, which were evidence in the case, but in some of the photos "what was there" didn't show up because of the lighting. 

She also testified that the woman's tongue was cherry red and ulcerated.

The complainant declined a vaginal and anal examination, the judge heard.

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About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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