HALIFAX -- A Nova Scotia judge will allow a sexual assault complainant to testify via videolink from Japan, despite defence objections it will make it difficult to test her credibility in a case that revolves around consent.
Richard Bruce Stevens is scheduled to stand trial in Nova Scotia Supreme Court in September for the alleged sexual assault of a woman who lives in Japan.
The Crown asked that she be allowed to testify via videolink, because she does not plan to return to Nova Scotia.
"The Crown says the complainant's family are unaware of the alleged sexual assault and she does not want to be forced to reveal this to her family in explaining why she is returning to Nova Scotia," Justice Darlene Jamieson says in a ruling released Thursday.
Defence lawyer Michael Scott objected, because he will raise the defence of honest but mistaken belief of consent, and her credibility will be a "central issue."
He argued that videolink testimony -- combined with the need for a translator -- would hamper the ability to challenge her testimony at trial.
"The defence further argues the present circumstances are such that videolink testimony would be contrary to the principles of fundamental justice," Jamieson says.
"They say: the witness at issue is the complainant; credibility is a central issue; evidence is unavoidably complicated by the need for a Japanese/English translator; and this is a sexual assault allegation where the primary issue for trial is expected to be consent or mistaken belief in consent."
Scott argued the woman's testimony "represents the substantive whole of the Crown's case" and that it was difficult to imagine a less ideal situation for video testimony.
The judge, however, granted the Crown's request, saying the testimony would not be "contrary to the principles of fundamental justice."
But she said there must first be a successful test run, including a plan to address how exhibits and documents will be presented to the woman, and ensure she will be properly visible to the judge, lawyers, court clerk and accused.
The Crown plans to have the woman testify at a local police station with either a police officer or commissioner present, with a translator in Halifax.
The court ruling does not give details on the specifics of the alleged crime.
