Crown fast-tracks trial for repeat defendant
Evan Sandwith, 21, of Rusagonis, who was acquitted in two other prosecutions, faces third trial involving 11 charges alleging sexual offences against underage girl
A Rusagonis man accused of numerous sex-related crimes against a minor won’t get the chance to test the evidence against him ahead of trial, as the Crown has fast-tracked his case.
Evan Sandwith, 21, of Noble Court, previously elected to be tried before a Court of King’s Bench judge alone on 11 indictable charges alleging sexual offences against an underage girl.
He’s accused of the following:
- sexually assaulting the complainant with a knife, touching her for a sexual purpose and counselling her to touch him for a sexual purpose, all on Aug. 20, 2021;
- committing those same crimes against the same complainant between Sept. 1 and 30, 2021;
- doing so again Sept. 25, 2021;
- sexually assaulting her and touching her for a sexual purpose on Sept. 11, 2021;
All charges allege events in or near Oromocto.
Defence lawyer Emily Cochrane had previously noted her client was seeking to have a preliminary inquiry. That’s a process in provincial court in which some of the evidence is presented before a judge to determine if there’s sufficient cause to merit a trial at a higher level of court.
However, the case was back in Fredericton provincial court Friday, and prosecutor Kathleen Jacobs said the Crown had filed a preferred indictment directly with the Court of King’s Bench.
That process skips the preliminary-inquiry phase of the case.
Judge Scott Brittain referred the matter to the next King’s Bench motions day - set for Aug. 8 - to schedule the judge-alone trial.
Section 577 of the Criminal Code of Canada allows the prosecution to prefer an indictment “even if the accused has not been given the opportunity to request a preliminary inquiry, a preliminary inquiry has been commenced but not concluded or a preliminary inquiry has been held and the accused has been discharged.”
The move requires consent in writing from the provincial Attorney General or deputy attorney general.
Jacobs didn’t state in court Friday why the Crown preferred the indictment in Sandwith’s case.
Cochrane told the Fredericton Independent she wasn’t given a reason for the preferred indictment either.
Acquittals in other trials
The Crown’s move comes in the wake of acquittals in two other cases involving Sandwith.
The defendant was acquitted last summer after a provincial court trial on summary counts of sexual assault and sexual interference involving a different underage female complainant.
Those charges stemmed from allegations dating back to September 2020, when Sandwith was 18 years old.
The girl in that case - whose identity is also protected by a publication ban - said she was 15 at the time when Sandwith touched her breast over her clothes and then tried to put his hand down her pants.
The defendant testified it was a different member of the group of teens who were hanging out at Hazen Park in Oromocto that day who was with the girl.
Judge Leslie Jackson found Sandwith not guilty because he found the girl and Sandwith both to be credible witnesses, leaving him with a reasonable doubt as to the defendant’s guilt.
Sandwith was also charged with indictable counts of sexual assault and sexual touching, this time involving another underage girl, in that case, between Oct. 29 and 30, 2020, in Oromocto.
He was scheduled to stand trial in the Court of King’s Bench at the Burton Courthouse on June 19, but the complainant - whose identity is also protected by a court-ordered publication ban - and two other witnesses didn’t show up for the trial.
Justice Thomas Christie denied a Crown request for an adjournment and found Sandwith not guilty after the prosecution called no evidence.
Don MacPherson can be contacted at ftonindependent@gmail.com.