Man acquitted by Judge Robin Camp after 'keep your knees together' comment denied bail

An Alberta man whose acquittal on a sexual assault charge was overturned amid controversy over Judge Robin Camp's questions to the complainant cursed as he was denied bail on Wednesday afternoon.

Alexander Scott Wagar's trial date for sexual assault charge will likely be set on Friday

Federal court justice Robin Camp sparked a firestorm of controversy after he presided over a 2014 sexual assault case as an Alberta Provincial Court judge. (Andrew Balfour/Federal Court of Canada)

An Alberta man whose acquittal on a sexual assault charge was overturned amid controversy over Judge Robin Camp's questions to the complainant cursed as he was denied bail on Wednesday afternoon.

Alexander Scott Wagar is accused of raping a then 19-year-old woman over a bathroom sink at a house party. 

"I get to spend more time on something I'm innocent of. F**k," said Wagar, who appeared in a Calgary courtroom via CCTV.

The case originally was tried before Camp — now a Federal Court judge — when he was an Alberta provincial judge and Wagar was acquitted.

But in 2015, the Alberta Court of Appeal ordered a new trial and warrants for Wagar's arrest were issued. 

In November 2015, the Canadian Judicial Council announced it was reviewing Camp's conduct in the original trial after a complaint from four law professors at Dalhousie University and the University of Calgary that described Camp as "dismissive, if not contemptuous" toward sexual assault laws and the rules of evidence.

In the 11-page complaint, Elaine Craig, Jocelyn Downie, Jennifer Koshan and Alice Woolley said that in the 2014 trial, Camp asked the complainant, "Why couldn't you just keep your knees together?" and, "Why didn't you just sink your bottom down into the basin so he couldn't penetrate you?"

It also included calling the alleged victim "the accused" several times throughout the trial.

Retrial date to be set Friday

On Wednesday, Provincial Court Judge Bob Wilkins refused to release Wagar, who faces a retrial on a charge of sexual assault.

By the time the Court of Appeal overturned the acquittal, then-justice minister Peter MacKay had promoted Camp to the Federal Court.

Camp has since apologized and is attending gender-sensitivity counselling. The Federal Court has said Camp is not currently hearing any cases.

Wagar is represented by defence lawyer Pat Flynn, who says a trial date will likely be set on Friday.

The evidence discussed in the bail hearing is protected by a publication ban.