The sexual assault trial of Halifax lawyer Lyle Howe continued Tuesday with the testimony of a man who was there the night of the alleged assault.
Howe has pleaded not guilty to sexual assault and administering a stupefying drug. The charges were laid after an alleged incident on March 20, 2011, involving a 19-year-old woman.
Jeffrey Brown, 31, a friend of Howe's, was originally charged in the case but those charges were stayed.
Brown was convicted of stealing about $200 from the complainant that same night.
Brown testified how the night of the alleged assault, he and Howe went drinking with the complainant at a bar in Fairview, and then at Howe's law office.
The complainant, whose identity is protected by a publication ban, has testified she remembers almost nothing after arriving home with Howe at her apartment.
Tuesday, Brown testified he didn't initially enter the building, but returned about 40 minutes later when Howe phoned him.
Brown says complainant seemed tipsy, not drunk
Brown told the court the alleged victim met him with a drink in her hand in the hallway outside her apartment.
He said she was naked, except for a robe that was hanging open.
Brown said he saw Howe use multiple condoms while having sex with the alleged victim.
Brown testified she seemed tipsy, but not drunk.
Under questioning from the Crown, Brown said he wasn't aware of anyone having access to codeine or morphine that night.
Darcy MacPherson, one of the prosecutors, said witness testimony in the case is taking longer than expected.
“As far as we're concerned the trial is proceeding well. The difficulty is that it is taking longer than we expected with every witness that we've put on so far — of course we've only put on three witnesses and we've finished day seven of a jury trial that was scheduled for 15 days,” he said.
Jurors were sent out of the court several times Tuesday so prosecutors and defence could argue details of evidence.
The trial will resume Wednesday with the jury excluded, and more discussions around issues surrounding evidence in the case. The Crown believes Brown will complete his testimony Wednesday.
Complainant says she has little memory of that night
The alleged victim has testified that she woke up naked and disoriented in her apartment with condoms strewn about.
She told the court that she went out the night before with Howe and another man to a Halifax bar and then to the lawyer’s office.
The woman said the three later went to her apartment and played pool, but she testified she remembers little of what happened next.
The former roommate has testified he fell asleep after a night of drinking and woke to find the complainant standing in his doorway, naked.
He said she wasn't coherent. The former roommate testified he covered her with a sleeping bag and lay down beside her to comfort her. He later found condoms in the apartment and put them in the toilet or the garbage.
He also acknowledged he'd been drinking before testifying in court on Monday.
The witness's name is Jeffrey Brown. An earlier version of this article wrongly called him Jeffrey Randall Kennedy.May 14, 2014 11:59 AM AT