Acquitted Yukon Mounties face hearing
Last Updated: Wednesday, March 17, 2010 | 12:41 PM CT
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Rob Warren, left, and his client Shawn McLaughlin, centre, leave the Whitehorse courthouse after last week's trial, along with co-accused Graham Belak. (CBC)Two RCMP officers who have been acquitted of sexual assault charges in the Yukon must still face a disciplinary hearing, according to RCMP officials.
A Yukon Supreme Court judge found constables Graham Belak, 30, and Shawn McLaughlin, 33, not guilty Tuesday of sexual assault charges related to an alleged off-duty incident on March 8, 2009.
A woman alleged that Belak and McLaughlin raped her in Belak's home after a late-night house party in the southern Yukon town of Watson Lake, where the officers were stationed.
Both men testified that the sex was consensual and that the woman initiated sexual contact with them.
Suspended with pay
McLaughlin and Belak were suspended with pay after the charges were laid. RCMP officials say the officers will remain suspended for now, while the police force determines whether they violated the force's code of conduct.
"They've been served notice of a disciplinary hearing," Sgt. Don Rogers told reporters late Tuesday. "What that consists of is an adjudication panel, formed of three officers — one of which has legal training — and they'll hear everything there is to hear and make a decision."
Rogers said the RCMP code of conduct deals with behaviour unbecoming of an officer, both on-duty and off-duty.
"If they're found guilty of a code of conduct violation, [punishment] can range from anything from an official reprimand on their file, forfeiture of 10 days pay, dismissal or demotion in rank," he said.
A date has not yet been set for the disciplinary hearing.
Woman's testimony found inconsistent
More than 50 people crowded the Whitehorse courtroom Tuesday afternoon for the verdict from Justice Leigh Gower, who said he completely accepted the testimony from McLaughlin and Belak during last week's trial.
Gower said the complainant's testimony, however, was riddled with inconsistencies and other problems.
As an example, the judge cited the woman's difficulty recalling what had happened that night, since she claimed she had been drugged.
At the same time, Gower said, the woman had no trouble remembering small details about furnishings in Belak's bedroom, even though she claimed she only had a brief glimpse inside the room.
Meanwhile, the officers went through public embarrassment by candidly detailing their sexual encounters with the woman that night, Gower said.
Both officers have since moved away from Watson Lake, as has the woman, who cannot be named under a court-ordered publication ban.
During the trial, court heard that the woman is married, as is McLaughlin, who said he is ashamed of what he did and the damage he inflicted on his family.
Belak testified he is not proud of what happened that night, but he insisted it was not immoral and his off-duty activities have nothing to do with his job.
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