Paxton's lawyer says sex assault claims 'made up'
WARNING: This story contains graphic and disturbing details
CBC News
Posted: Nov 2, 2011 10:12 AM MT
Last Updated: Nov 2, 2011 10:06 PM MT
Dustin Paxton's alleged victim said at first he didn't leave because he had big dreams to make it in Calgary's economic boom, he said later he stayed because he was brain damaged, had no money and had lost track of his family. (Sharon Sargent)
Dustin Paxton's lawyer accused the alleged victim in a prairie torture trial of lying about being sexually assaulted and beaten every day by his client.
Paxton, 31, is on trial for the forcible confinement, sexual assault and aggravated assault of his ex-business partner and former roommate, who cannot be named because of a publication ban.
In his final moments of cross-examination Wednesday, defence counsel Jim Lutz showed the court a picture of the alleged victim with no beating marks on his face.
Lutz asked why there were no marks on his face or ears, and the man replied that the photo must have been taken during a break in the beatings.
A break in the beatings was new information which hadn't come out during trial, said Lutz.
"Just like allegations of Mr. Paxton sexually assaulting you, you made that up," he said.
The alleged victim said he was telling the truth.
"Fine, don't believe me, but I was sexually assaulted," he said.
On Tuesday, the man testified that he performed sex acts on Paxton to avoid being beaten.
Had chances to leave, said defence
Lutz further tried to discredit the man by saying Paxton never forced him to do anything and suggested the complainant was partially to blame for his situation.
Lutz continually asked the man why he didn't just leave if the abuse was so bad.
He said that he had moved to Calgary to cash in on the economic boom and that he didn't want to give up that dream — didn't want to look like a "sissy."
He said that he was either "at work making money — or at home being tortured."
On Tuesday, Lutz also questioned why the man seemed to pass up several opportunities to leave the situation, such as the time he took a bus to Regina without Paxton while the pair was moving to that city.
The man said as time went on Paxton controlled how much he could eat and his money — even where he slept.
He also said he had lost track of his family and had nowhere else to go.
The man testified that he had told a Calgary police inspector that he wanted to remain in Calgary because he had invested all his money in the moving business he ran with Paxton.
Dustin Paxton's alleged victim said he does not remember what he told police after waking up from a coma in hospital in Regina. CBC The alleged victim said after two years of severe beatings he had planned to travel from Regina to Winnipeg to be the best man at his cousin's wedding. But that didn't happen because he ended up in a coma in a Regina hospital, an incident which marked the end of the alleged assaults.
After the man regained consciousness, he was questioned by police.
Alleged victim's memory called into question
Lutz pointed to what he called inconsistencies between the initial statements the man made to police about the alleged assaults and his subsequent testimony.
The man told court he awoke in the Regina hospital with total amnesia. He said he doesn't remember any of the three statements he gave to police.
Lutz also pressured the witness on why could not remember the specifics of the many beatings he claims were doled out by Paxton.
The man said he has a serious brain injury from the constant abuse — and that it is hard for him to remember specifics.
The witness insisted that despite his lack of specific memories, he was beaten nearly every day he spent with Paxton.
The judge-alone trial in front of Court of Queen's Bench Justice Sheilah Martin began on Sept. 27 and was scheduled to last five weeks.
Court will be back in session on Friday when a doctor from the Peter Lougheed Centre will testify. Next week there will be testimony from Dr. Kris Mohandie, a police and forensic psychologist who has expertise on people who are held in captivity.
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