Second mistrial declared in Yellowknife incest case
Jurors could not come to unanimous decision
Posted: Nov 8, 2012 12:41 PM CST
Last Updated: Nov 9, 2012 1:28 AM CST
Another mistrial has been called in the case of a man charged with incest and sexually assaulting his daughter.
The jury was sequestered Thursday afternoon. Hours later, at 9 p.m., the lawyer for the accused, Charles Davison, says the jury announced that they were unable to come to a unanimous decision.
The jury said trying again on Friday would be of no use.
This is the second mistrial for the 46-year-old accused. He cannot be named to protect the identity of the alleged victim.
It was in November 2011 that he first stood trial on the charges of sexually assaulting his daughter.
At that trial, the judge received a note from a juror who believed that the accused pointed his finger in the shape of a gun in the direction of the jury and moved his thumb, as if pulling a trigger.
A mistrial was declared.
Accused denies sexual contact with daughter
This week in court, the man denied ever having sexual contact with his daughter.
On Wednesday, the accused took the stand in his own defence. He admitted to crack cocaine and alcohol addictions but said he never did it in front of his kids.
He also denied his daughter’s statement that he gave her alcohol and drugs.
The now 18-year-old told the court Tuesday that her father sexually assaulted her on four separate occasions.
She said her father forced her to have sex after they travelled on a boat together.
The 46-year-old man testified Wednesday that he doesn't own a boat, and was never on a boat with his daughter.
The daughter said another incident took place in her aunt's van, where she said her father touched her between her legs.
The aunt testified that that didn't happen. She said she never drove her brother — the accused — or his kids and she doesn't own a van.
Lawyers then wrapped up their final arguments in the trial.
The defence lawyer admitted that the accused has his faults but said the assaults simply never happened. He said there was no evidence to support the daughter's claims.
The Crown questioned why the daughter would make up four separate allegations. She also pointed to the accused's criminal record — including a sexual assault conviction in 2000 — as well as the daughter's unwavering, emotional testimony.
No word yet on whether the accused will be prosecuted again.
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