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Crown Appeals Dismissal of Vancouver Island Sexual-Assault Case Over Trial Delays

Prosecutors argue Judge Ted Gouge erred in ruling delays exceeded the Supreme Court's 18-month ceiling and are seeking a new trial.

Prosecutors in B.C. have filed an appeal in a sexual-assault case that was tossed out over unreasonable delays last month.

Overview

  • The accused, charged with sexual assault and assault involving two alleged victims, was arrested in July 2023 under a publication ban protecting his identity.
  • Judge Ted Gouge dismissed the case in April 2025, citing delays beyond the Supreme Court's 18-month Jordan framework for timely trials.
  • The delays were partly attributed to unresolved disclosure issues, including thousands of text messages between the complainants ordered for disclosure in January 2025.
  • The Crown's appeal, filed on May 7, 2025, contends the dismissal was erroneous and seeks a new trial on the original charges.
  • The disputed text messages reportedly include references to alcohol consumption, memory impacts, and interactions with police, further complicating the case.