Defence focuses on credibility of sexual assault victim's testimony

EDITOR'S NOTE: This story contains descriptions of sexual assault and violence that some may find disturbing

The credibility of Tyson Noel's accuser came under fire Tuesday as his lawyer attacked what he called "the obvious discrepancies" in her evidence in his closing argument to jurors.

Eric McCooeye questioned the truthfulness and reliability of the young woman's testimony, pointing to different versions of events that she had given at different times.

"There were a lot of discrepancies," he said in his 65-minute submission at the 23-year-old man's trial on multiple charges of sexual and physical assault.

"You have to be concerned about her reliability. There are a number of discrepancies that should cause you to worry."

Noel has pleaded not guilty to 16 offences that are alleged to have occurred in 2014 and 2015.

The complainant told her story four different times — in a journal she had written for police outlining what had occurred, in a statement that she gave to a detective, when she testified at preliminary hearing and again last week at the trial, McCooeye said.

If a witness is reliable you "expect the evidence to be the same on each occasion" with perhaps a few discrepancies, he said, adding he can't list all the discrepancies in this case.

"You heard the evidence. You will know them all."

Prosecutor Heidi Mitchell countered that the evidence of the complainant, whose identity is protected by a publication ban, should be believed.

She testified in a straight forward manner and didn't embellish her evidence, which was credible, reliable and compelling, the assistant Crown attorney suggested in her half-hour submission.

The witness described the fear and abuse she suffered at Noel's hands, and "never once backed down."

This is "a young, vulnerable woman dealing with a difficult and violent" person, Mitchell told the jury of eight women and four men.

"It is not embellishment. It is a tragic story."

The defence is calling her story incapable of belief as he points to every minute difference, the Crown said.

"Memories fade over time. This was three and a half, four years ago," Mitchell said, urging the jurors to use their common sense.

Would you remember someone picking up a knife, tracing it on your body while quoting a villian (the Joker) or threatening to kill your dog, she asked.

Would you remember someone grabbing you by the throat, lifting you off the ground and throwing you? Yes, you would, she told jurors.

Think of the pressing events you remember and how they stuck in your memory, the prosecutor told them, suggesting they may not remember the little things.

The complainant said every time the assaults occurred, Noel apologised and said it would never happen again.

"She was afraid of him," Mitchell said, asking the jurors to consider the difference in their size.

Noel, who is 6 feet tall, testified he weighed about 180 pounds at the time of the alleged incidents.

The woman told the court she was 100 pounds, and estimated his weight as 200 pounds.

McCooeye maintained that "the hallmark of lack of credibility is the answer that I don't remember."

When these replies begin to pile up, it would be justifiable to think the witness is being evasive, he said.

He suggested the woman embellished when she testified at trial, "adding events and making things sound worse."

McCooeye referred to two incidents, where the complainant said Noel sexually assaulted her with a frozen hot dog and a wooden object (a broomstick or a drum stick).

These two incidents were not in her journal, he said. Also missing was an incident that she described as a violent rape.

"She had a vivid recollection, yet it is not in her journal," McCooeye said, adding she had no explanation for this, but had indicated some of her memories get better with time.

He described some of her answers as different, evasive and not having "a ring of truth."

"We know all her stories, her versions. If she is willing to change her stories, we have to wonder how we can convict someone on the evidence." 

Mitchell reviewed the woman's testimony about 10 incidents, connected them to the 16 counts Noel faces, and asked jurors to think about her demeanor while on the witness stand

The Crown then referred to Noel's demeanor when he testified.

She said the accused had disdain in his voice when he talked about the woman and couldn't answer questions without making derogatory comments about her and her evidence.

Mitchell said he was cagey, had "an extremely selective memory," and his evidence was self-serving and unbelievable.

"Her evidence made much more sense" and "should be believed," the prosecutor said.

Noel is "not trustworthy and is not worthy of belief."

Describing his evidence as incredible, she urged the jury to reject what he said when it conflicts with what the woman testified.

She argued that his response — "it never happened" — to many questions is "completely unbelievable."

McCooeye described his client's evidence as forthright, maintaining he had answered some tough questions and had conceded some things.

Superior Court Justice Edward Gareau will give his instructions on the law to the jury on Thursday.

Once he completes his charge, jurors will begin their deliberations.

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