The judge presiding over Jacob Hoggard’s trial issued an apology Friday to plaintiff number two, accusing the singer of rape. The magistrate had to instruct jurors on the broadcast of a bad video clip at Wednesday’s hearing.
WARNING: This text contains explicit information that may affect people who have experienced sexual violence or have an acquaintance who has experienced it.
The 37-year-old Hedley artist has been accused of inappropriate sexual touching of a minor and sexual assault causing harm to both the teenage girl and an adult.
The mistake occurred Wednesday during the cross-examination of the second plaintiff in this case.
The defense showed a video clip of a black-and-white interview with a woman, who says she took the time to recover from surgery after identifying the defendant (maybe it was him at the time, Ed) .
Plaintiff asserted that she was not the one in this extract, though it was a question at this time of the pleadings to the genital lacerations she said she suffered after the alleged rape on Nov. 22, 2016.
The voices of the two video extracts were altered, but the voice of the black and white extract was like a male voice.
The complainant’s statement caused confusion in the court, so the court was shown the correct excerpt from the complainant’s CBC interview, which was colored in this instance.
New jury instructions
In her opening speech to the jury, Justice Gillian Roberts of the Ontario Superior Court explained that the black-and-white transcript should not be provided as an exhibit at this trial.
He added that what was said there had absolutely nothing to do with the allegations facing the accused.
This video clip was shown to you by accident. Neither the Crown nor the defense knew this, because they thought it was just one person and they only eventually realized the mistake.he says.
The magistrate added to err is human and trials are not immune to such mistakes.
He refrained from saying whether the man referred to in the false passage was defendant Jacob Hoggard and he urged jurors never to consider what they heard in their further conversations.
He assured the jury that he had apologized to Complainant Number 2 before the hearing began this morning. After these new instructions, the defendant’s defense continued its cross-examination with the prosecution witness.
Completion of cross-examination
The phone call between the woman and the accused was at the heart of the pleas. At the time, she contacted the defendant on his return from Toronto, where he said he was raped at a hotel downtown.
Plaintiff admitted he had no stitches on his return to Ottawa when he saw a doctor, contrary to what he told the singer on the phone.
He also said he threatened the singer with the service of a lawyer, even though he lied to her by saying he was working at a law firm back then.
I thought I would apologize to him and then we could move onhe continued.
He also admitted that the language he uses in this call is not romantic and he speaks in an explicit and vulgar way.
Yes, we agreed to sleep together and it was just a one night stand and not the beginning of a romancehe explained.
The woman finally admitted that she often talked to the accused on various social networks before going to Toronto.
The defense then handed him the text message they exchanged prior to the phone call from Jacob Hoggard.
The complainant acknowledges that he did not accuse her of raping him, but instead he exceed the limit in the hotel room.
Faced with the defendant’s misunderstanding about what he was saying, he answered that[elle] it might be too much and he shouldn’t worry.
During the Crown’s right to respond, the complainant first asserted that he did not know the conversation was being recorded and acknowledged that he had not used the word. rape in this exchange.
He added that listening to the phone conversation almost six years later was traumatic: I didn’t like the calm tone of his voice after the horrible experience he went through with mehe concludes.
The judge asked him to take care of himself by being grateful for his testimony.
Source: Radio-Canada