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4 RN Sailors Charged with Gang Sexual Assault

Brihard said:
For those who might be curious, typically in something liek this bail conditions will include not to have contact in any way direct or indirect with the victim; remain in the jurisdiction presiding over the charges (i.e., Nova Scotia), attend court as required, report to a bail supervisor and attend as required, and there is likely a curfew as well. If alcohol was a factor (which I would suspect it was) there will typically be an abstain from alcohol condition as well.

The intent of someone being released on bail is to minimize the unnecessary imprisonment of accused suspects if it is not necessary in order to ensure their attendance in court or to protect the victim/society from further offending. There is often a lot of ambiguity and question marks in a sexual assault case, so I'm not particularly surprised to see them on bail given the considerable difficulty they would face in skipping out on their court dates.

As for how they're occupying their time until then? I really neither know nor care, but there's nothing criminal about people wanting to know, being curious, or speculating. Justice must not only be done, but also be seen to be done, and it's not unreasonable for people to be concerned about how accused suspects are monitored and controlled. If I was living/working on base out there I'd definitely be a tad bit more interested to know.

I feel bad for any of their royal navy comrades working out of Halifax these days. That's a really ugly disgrace to have to be associated with. While they are of course innocent until proven guilty, we all know criminal charges aren't laid on a whim, and regardless of the outcome in court these four are always going to wear this.

Thanks for this post.  I have a particularly strong despise for this type of crime, knowing people who have been its victim.  I am glad too see that alcohol is likely part of their bail conditions.

George, I could retort but there's no value in it.  I kind of feel embarrassed for you after reading that post.  Seriously.  But, for the record, I don't even have a twitter account.  I also have no interest in tit-for-tat, so maybe we can just agree to disagree on this thread.

I think many people in Halifax would be concerned about who is at large in their community and under what conditions.  However, despite I am no longer posted there, I still have friends and family there. Military and civilian.  FWIW I was equally appalled at the Dental Student incident that went on.  I also get ramped up over cases where people hurt babies, kids, old people and animals; cases where people prey on the weak and defenceless basically.  They are cowards and lowr life forms inmy book.

I am not so concerned about their every step and move, but the terms of their bail IAW thw news seemed rather lacking IMO.
 
George Wallace said:
With all the complaints and protests against Bill C-51, it is interesting to see all the people concerned with what these four may be doing now that they have Bail.  Kinda hypocritical, don't you think?

I fail to see any possible link to people's concerns about Bill C-51 and their interest in some of the details of this case. It appears to be basic natural curiosity. Is there a limit to the number of things that people can wonder about, and, if so, what is that limit?

It makes a change from Kardashian kapers and such, nein?
 
Loachman said:
I fail to see any possible link to people's concerns about Bill C-51 and their interest in some of the details of this case. It appears to be basic natural curiosity. Is there a limit to the number of things that people can wonder about, and, if so, what is that limit?

It makes a change from Kardashian kapers and such, nein?

I agree... why SHOULDN'T the Canadian population be interested in 4 foreigners coming to a Canadian city and being charged with gang rape of a Canadian? If innocent than they should be equally absolved, but if guilty than they should be given the full extent of punishment offered and the RN should be forced to take better care of their sailors in port. I remember, back in '99, being at the University of King's College as a frosh and having the RA's come in and brief that we should avoid downtown because the USS George Washington was coming into port and the US sailors would be downtown. Perhaps similar warnings could be given with the Brit ships as well, with this case being used as an example (if guilty of course).

For the things Canadians worry about, foreigners (and lets not mince hairs, the RN sailors are foreigners) being accused of rape in Canada is a pretty solid thing to be worried about instead of say, the Jets going out in 4 straight to the Ducks....
 
And they're off to Alberta.

http://www.ctvnews.ca/canada/u-k-sailors-charged-with-sex-assault-to-be-transferred-to-alberta-1.2354301
U.K. sailors charged with sex assault to be transferred to Alberta

The Canadian Press
Published Friday, May 1, 2015 1:50PM EDT 
Last Updated Friday, May 1, 2015 2:14PM EDT 


HALIFAX -- Four British sailors charged with sexual assault causing bodily harm are being transferred from a Halifax military base to a military base in Alberta.

Simon Radford, Joshua Finbow, Craig Stoner and Darren Smalley were granted bail on April 20 on conditions that they reside at Canadian Forces Base Stadacona, pay a $3,000 cash surety, not contact the alleged victim and return to court May 27.

The provincial court granted a change in bail conditions Friday, allowing them to move to CFB Suffield, where there is a British army training unit.

Rear Admiral John Newton, the commander of Maritime Forces Atlantic, asked the men to leave CFB Stadacona by 6 p.m., Crown attorney Scott Morrison said outside court.

"We received word from the Canadian Forces that as of 6 p.m. tonight they would no longer be permitted to reside at CFB Stadacona," Morrison said.

When they were arrested April 16 in Nova Scotia, the men were in the province to participate in a hockey tournament with local Armed Forces personnel.

The Crown alleges they participated in a "group sexual assault" on April 10 in a barracks at CFB Shearwater, another military base in Halifax.

Maj. Yves Desbiens, a spokesman for the Canadian Forces Military Police Group, said at the time that the complainant is a civilian
 
That makes sense.  Send them to Suffield under the British military's administration and the RMPs.
 
George Wallace said:
That makes sense.  Send them to Suffield under the British military's administration and the RMPs.

I agree, but it is interesting timing in light of the release of the report on sexual assault and harassment yesterday.
 
I would hate to be in their shoes when the RMP get their hands on them.  I remember seeing soldiers who had the need to speak to them on the telephone turning pale in the face at whatever was being said to them from Suffield.  And what these squaddies were in trouble for was in our eyes very minor indeed, especially when set against these accusations.
 
I am sure they will be tasked to Range Control under the watchful eye of a RMP to carry out many mundane tasks away from any distractions. They are going to get a very close look at army life.
 
Some fairly detailed narrative on two competing stories of what happened that night are coming out in court documents.

http://www.cbc.ca/news/canada/nova-scotia/british-sailors-accused-in-halifax-gang-rape-photographed-assault-court-documents-1.3137650

 
Seems like these guys are growing weary of Suffield.

http://thechronicleherald.ca/novascotia/1304475-halifax-judge-hearing-british-sailors%E2%80%99-request-to-go-home
Halifax judge hearing British sailors’ request to go home

STEVE BRUCE COURT REPORTER
Published August 11, 2015 - 1:15pm

Three of four British sailors accused of sexually assaulting a civilian woman at a Nova Scotia base in April are in a Halifax courtroom today in an attempt to get their bail conditions varied.

Craig Stoner, 25; Simon Radford, 31; and Joshua Finbow, 23, want a Nova Scotia Supreme Court judge to allow them to return home to the United Kingdom while they await a preliminary inquiry next spring.

The Crown is opposing the application.

Four members of the British Royal Navy’s hockey team are charged with sexual assault causing bodily harm and participating in a group sexual assault.

The other accused is Darren Smalley, 35. He is not part of today’s application.

The sexual assault allegedly happened in the early morning hours of April 10 during a party in a barracks at 12 Wing Shearwater, where the team was staying while playing games against local military personnel.

The identity of the complainant, who is in her 20s, is protected by a publication ban.

The four Brits were arrested by the Canadian Forces National Investigation Service on April 16 and were released April 20 after posting cash bail of $3,000 each. They’re living at CFB Suffield in Alberta, where the British army has a training unit.

In June, the men elected to be tried by a Supreme Court judge and jury. A preliminary inquiry will be held in April in Dartmouth provincial court.

A preliminary inquiry determines if there is sufficient evidence for a matter to proceed to trial. It also gives the defence an opportunity to assess the Crown’s witnesses.

Today’s application is being heard by Justice Josh Arnold, who imposed a standard publication ban on the evidence.

The defence called three people to testify this morning and might put one more person on the stand this afternoon. The case would then proceed to arguments, as the Crown does not plan to call any witnesses.

Outside court, prosecutor Scott Morrison explained why the Crown doesn’t want the men to be permitted to leave Canada.

“We feel we’ve crafted a plan that grants them a substantial amount of freedom while keeping them here in Canada,” Morrison said. “To date, we haven’t heard anything that gives us assurance that they will return to attend for their trial.

“One of the concerns we had is that the correspondence we have from the British navy is that they reserve the right to deploy these men. If these men are deployed, that could create issues with respect to extradition.

“At this point, the plan is a little bit vague, and it’s worrisome in terms of extradition options.”

The defence lawyers are Luke Craggs for Stoner, Geoff Newton for Radford and Mark Knox for Finbow.

Lawyer Ian Hutchison, who represents Smalley, was in the gallery to observe some of this morning’s testimony.

Eric Taylor is also appearing for the Crown. He conducted the cross-examinations this morning.
 
If I were the judge, I'd put it to them this way: You have a choice. Spend the time doing crap work at Suffield. Or you can sit in the lockup in Burnside. Choose wisely.
 
And yet innocent until proven guilty? I have a feeling the RN won't let them be a flight risk, and are likely paying for them to fly across the country to attend these hearings. They won't miss their court date, they'll have a RN MP escort.
 
They are going home:
http://www.ctvnews.ca/canada/sailors-charged-in-sex-assault-allowed-to-return-to-u-k-until-trial-1.2513668
 
Apr 29, 2016

Crown drops charges against one of four sailors charged with sexual assault
http://www.680news.com/2016/04/29/crown-drops-charges-against-one-of-four-sailors-charged-with-sexual-assault/
HALIFAX – The Crown has withdrawn charges against one of four British sailors accused of sexually assaulting a young woman at a military base in Halifax.
 
Is the trial on going? Nothing on the web about this and the hearing was supposed to start last July.
 
reference: CTV.ca

It's been awhile, but the system grinds away.
THE CANADIAN PRESS
Published Monday, September 3, 2018 11:31AM ADT 

HALIFAX -- The trial of two British sailors accused of sexually assaulting a woman at a Nova Scotia military base begins Tuesday.

Darren Smalley and Simon Radford are charged with sexual assault causing bodily harm and participating in a group sexual assault in barracks at 12 Wing Shearwater on April 10, 2015.

The Crown had originally charged four men, but charges against two of the sailors have been dropped.

Several days into a preliminary inquiry in April 2016, charges were dropped against Craig Stoner, while charges against Joshua Finbow were withdrawn in December.

The Crown said the prospect of convicting Finbow became unrealistic after Nova Scotia Supreme Court Justice Patrick Duncan deemed his police statement inadmissible at trial.

Twenty-seven days have been set aside.
 
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