Lawyers in ex-Woodstock mayor Trevor Birtch's 2nd sexual assault trial wrap up their cases

WARNING: This story references allegations of sexual assault and contains graphic content.

Lawyers have concluded closing arguments in the second sexual assault trial for former Woodstock, Ont., mayor Trevor Birtch.

Birtch, 49, who was convicted of sexual assault in a separate trial last month, faces three counts of sexual assault in this judge-only trial before Superior Court Justice Spencer Nicholson that started in early September in London. 

Birtch has pleaded not guilty to all three charges, which involve the same woman. Her identity is protected by a publication ban.

Earlier in the trial, the 39-year-old woman testified she started an on-again, off-again sexual relationship with Birtch while he was still married in 2017. She described several occasions where she was forced to perform oral sex and once when she was raped on her bed. 

Birtch's lawyer, James Battin, questioned the woman's inability to remember specifics of the alleged incidents due to the health and addiction issues she previously outlined in her testimony.

"She has difficulties making recollection of events from time to time," he said. "She is not good with dates." 

Crown attorney Jennifer Moser introduced digital audio files that Birtch sent to a friend. In them, he brags about tying up and spitting on a woman during what he describes as "an attic torture scenario." In one message, he talks about how his son overheard the incident in the attic and later questioned him about the source of the noises and screams he heard. 

Birtch has testified those messages were his response to a friend's request for him to submit made-up and embellished stories, sexual in nature, that she would compile into a book for a Christmas present. 

Battin also took issue with the witness testimony of Birtch's former friend — who also can't be named due to a publication ban. The former friend previously said that Birtch's audio messages describing the attic incident "made her so sick."

Battin alleges the friend was deceptive to Birtch and influenced the woman's memory on how she views Birtch, and testified only because she was either jealous of Birtch's new love interest or wanted to keep him under her control. 

"What I really want to talk about is the implications of the elephant in the room, which is another witness," Battin told the court. "It's fair to say that over time [the friend] smiled to Mr Birtch's face but stabbed him in the back."

Birtch's testimony 'misleading', says Crown

Moser argued that text messages between Birtch and the witness from Dec.18, 2021, clearly indicate the pair were catching up after a period of not being in touch for months.

The witness asked him about his divorce, where he's living and what the situation with his kids was, and Moser alleged Bitch voluntarily shared the "graphic sex details," which his friend didn't ask for.

"Mr Birtch's own audio clip is his own acknowledgment that [the witness] didn't know this stuff. Why? Because they hadn't been speaking for months," said Moser. "He was leading the conversation and decided what would and what would not be discussed."

Moser pointed to Birtch's tone in the audio messages, where he laughed and seemed enthusiastic while sharing details and not uncomfortable as Birtch claimed in his testimony. 

"This is something he's extremely comfortable with and enthusiastic sharing. Mr. Birtch's testimony was misleading and easily dismantled," she said. 

Court will resume on Oct. 16, when Justice Nicholson is expected to set a date for his verdict. 

Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this government of Canada website or the Ending Violence Association of Canada database. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911.