'Sex was certainly in the cards,' says defence

 

 
 
 

Arguments concluded Tuesday in the trial of an alleged drug dealer facing charges of sexual assault and confinement with both attorneys painting different pictures of what happened in a Maple Ridge basement suite two years ago.

Victor Joseph Reis is on trial in New Westminster Supreme Court, accused of threatening a woman with a sword and baseball bat, choking her and sexually assaulting her.

The alleged victim cannot be named due to a publication ban. Both lawyers focused on the credibility and importance of Jim Wagner's testimony in their final submissions to court.

Defense attorney Tony Zipp said Wagner's testimony indicated the alleged victim was calm and showed no signs of wanting to leave the morning after the alleged assault.

Crown attorney Winston Sayson countered with Wagner's initial statement to police in which the witness described the alleged victim as "traumatized" and "upset."

Wagner told the court the alleged victim never said anything about being assaulted, according to Sayson.

The crown prosecutor cited a police report in which Wagner said the alleged victim had told him she was assaulted.

Sayson also said it was evidence of the alleged victim's traumatized condition that: "Wagner interrupted what he was doing and took her to a safe place," the morning after the alleged assault.

According to Zipp, Wagner wasn't able to continue a repair job because he didn't have the necessary parts, so there was no interruption. Zipp said before taking the alleged victim to his home Wagner took her to a crack house, an action not fitting someone caring for a traumatized woman.

Sayson derided the testimony of Wagner and other defense witnesses who gave more conflicting or more detailed accounts in court than they had to police, calling their testimony: "False, fanciful and fabricated."

Zipp explained the witnesses changing their stories in court with what he called "a ghetto mentality" that involved mistrust for police.

Zipp stated everyone who was around the alleged victim before the alleged assault thought, "sex was certainly in the cards."

Zipp said the alleged victim made no complaints until her husband showed up.

The defense attorney cited the unreliability of the alleged victim given her "mental difficulties and longstanding addiction problems."

Zipp said the alleged victim said she saw a tattoo of the Virgin Mary and while Reis has tattoos, none of them resemble the Virgin Mary.

Sayson admitted the alleged victim misidentified Reis' tattoo, but said she remembered a bat, a sword and a paintball gun with a silencer, all of which were found in the basement suite and were close to the bed.

Zipp said only the bat was near the bed, but given the size of the apartment: "Everything was near everything."

The alleged victim described the sword as having engravings, which it did not have. Sayson said the alleged victim's testimony contained "very unique and unusual details that could not be made up."

Sayson recounted the alleged victim's testimony, including her statement that she helped Reis remove her pants and told him she wanted to have sex. Sayson said the alleged victim did this: "Because [she knew] it was going to happen anyway."

Zipp cited the alleged victim's discovery of her husband's infidelity prior to the alleged assault as a motive for her to want to have sex with Reis. Zipp said it was the alleged victim who asked Reis for his phone number. Zipp said the assault investigation was not instigated by the alleged victim but by the fury and insistence of her husband.

Sayson characterized Reis as a predator who "took advantage of what he thought was easy prey."

Defense attorney Zipp concluded by saying: "It is my submission that there is nothing compelling one way or the other and there is at least a reasonable doubt."

Justice Terence Schultes is scheduled to make his decision on Sept. 15.

 
 
 
 
 
 
 
 

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