An Okanagan Falls man has been found not guilty of an alleged violent sexual assault that took place July 31, 2011.
Justice James Williams said in his decision on Friday that he finds Ronald Teneycke not guilty of sexual assault with a knife, sexual assault with a dildo, assault causing bodily harm, unlawful confinement and a breach of probation curfew condition.
“I cannot be satisfied beyond a reasonable doubt,” said Williams. “The frailties in the Crown case is leaving me with reasonable doubt.”
Both the complainants testimony and Teneycke’s, were problematic said Williams. During the trial the woman, who cannot be named, answered many of the questions posed to her with variations of “I can’t recall.” She admitted to consuming four or five beers that day, doing cocaine and taking an anti-depressant that exaggerated the effects of the alcohol.
Teneycke provided a timeline and detailed account from the point he picked up the woman who was hitchhiking near the Penticton airport, then to Keremeos and to where she claimed the assault took place in an abandoned pump house off a forest service road in Okanagan Falls.
Williams said he believed the testimony of Teneycke, that was corroborated by Crown witnesses who interacted with him in Keremeos that day. But, the Justice added, only up until the point where the pair got out of the car in Okanagan Falls. Williams said he “strongly suspects” the incident happened as the woman testified to, but there was not enough evidence for a conviction. He went on to say that Teneycke’s explanation of how a consensual sexual encounter took place at the pump house seemed “unlikely” and bordered on “nonsense.”
Evidence was also given, during the seven day trial, from a doctor that examined the woman after the alleged assault. The doctor said the woman’s injuries to her genitals were consistent with force to that area. Defence for Teneycke had argued that is also consistent with casual “rough sex.”
Teneycke’s aunt, Terry Berg, said outside the courthouse after the decision that she was very happy with the outcome and expected the conclusion given the evidence that was presented.
Berg said Teneycke will resume living at his mother’s house in Okanagan Falls after he is released on Friday. The aunt said the arrest and trial of Teneycke has been hard for his whole family. She added that she hopes Teneycke moves forward from this and has a “really good life.”
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