BC Court of Appeal grants retrial for Alberta man convicted of sexually assaulting Kamloops teen | iNFOnews | Thompson-Okanagan's News Source

Current Conditions


Kamloops News

BC Court of Appeal grants retrial for Alberta man convicted of sexually assaulting Kamloops teen

Image Credit: Cliff MacArthur/provincialcourt.bc.ca
May 26, 2021 - 6:00 PM

An Alberta man convicted in 2019 of sexual assault against a Kamloops teen is to be retried following an appeal.

Cory Richard Swain was charged in 2017 for sexual interference and sexual assault of a person under the age of 16, and later found guilty in June 2019 after a two-day trial.

The appeal judge, Peter Voith, ruled that the original decision swayed the burden of proof by relying on Swain to explain why the teen would fabricate her version of the events, according to a BC Court of Appeals decision published today, May 26.

Voith said credibility was the "central issue" in the original trial, which relied almost entirely on testimony from Swain and the teen. She was 15 at the time of the incident, which took place in July 2015.

The only other evidence presented to the court was a Facebook conversation between the teen and a friend discussing what had happened with Swain.

The teen's name is shielded from the public by a court ordered publication ban to protect her identity.

Swain pleaded not guilty to both counts, and the testimony from the two individuals varied wildly. The original conviction was levied when Swain could not explain why the teen would have fabricated the events.

In appeal decision, Voith decided that the 2019 ruling shifted the burden of proof onto Swain and affected his credibility.

A new trial date has not yet been set.

To contact a reporter for this story, email Levi Landry or call 250-819-3723 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. 

News from © iNFOnews, 2021

  • Popular penticton News
  • Okanagan Lake nearing its lowest level in at least 20 years
    Okanagan Lake is now only about one centimetre higher than it was at this time in 2003 – which was one of the driest years on record. As of July 26, it sat at 341.87 metres above sea l
  • Kamloops woman comes face-to-face with thief in her home
    When Bev Rogers came home from a night shift at the hospital and found a bike mysteriously laying on her front yard on Kamloops' North Shore on Wednesday morning, she was surprised. What was m
  • Young woman fends off attacker in Kamloops
    Kamloops RCMP responded to a North Shore volleyball court after hearing a young woman scream. On July 28, around 10:20 p.m., police found the youth uninjured after she fought off an attacker
  • Foreign student drowns in Shuswap lake
    A 27-year-old foreign exchange student has drowned in the Shuswap's White Lake. On July 28, the Salmon Arm RCMP, White Lake Fire Department and Shuswap Search and Rescue responded to a r
  • Owner of derelict Kelowna house surprised by city demolition order
    The owner of a derelict home in Rutland seems to have been taken off guard by Kelowna city council's order to tear the building down earlier this week. “He (Janusz Grelecki) called
View Site in: Desktop | Mobile