Ex-Woodstock, Ont., mayor found guilty of sexual assault, judge calls him an 'obvious liar'

WARNING: This story contains details of sexual assault and may affect those who have experienced sexual violence or know someone affected by it.

Former Woodstock, Ont., mayor Trevor Birtch has been found guilty of two more counts of sexual assault.

In a scathing verdict released Wednesday, Superior Court Justice Spencer Nicholson said Birtch "lied frequently and extravagantly, and insulted the court's intelligence" during his testimony. 

"I do not believe the evidence of Mr. Birtch. I found him completely unbelievable."

Birtch faced three charges of sexual assault against the same woman in alleged incidents in August 2021, April 2022, and between January and April 2022. 

He was found not guilty for the April 2022 sexual assault because the survivor's recollection was too vague, Nicholson said.

The woman has psychological as well as physical medical problems, and said she frequently used substances to cope, causing some memory loss and confusion, Nicholson said from the London courthouse. "I found her believable," he said.  

But the judge painted an unflattering picture of the then former mayor, finding Birtch supplied the woman with drugs and alcohol to make her more vulnerable to his sexual assaults.

"I find that they used copious amounts of cocaine and alcohol while in each other's company. He was the one supplying the cocaine," Nicholson said. "Her drug addiction was largely fed by Mr. Birtch." 

The survivor's identity is protected by a publication ban. The two were involved while he was mayor and sat on the police services board, which oversees the organization. 

Previous guilty verdict, mistrial

Last year, Birtch was found guilty of sexual assault and assault against a former girlfriend, but a mistrial was declared because the judge found the politician's rights had been violated when the Crown didn't disclose evidence used at the second trial that could have applied to the first. 

On Wednesday, Nicholson said the facts from the first case, or the circumstances surrounding the mistrial, did not impact his verdict. 

"To put it mildly, this is a bizarre case," the judge said. "Each count must be assessed on its own merit. I must not allow Mr. Birtch's vile and offensive language to prejudice my decision." 

Some of the second trial revolved around December 2021 voice memos Birtch sent to a friend about torturing and sexually assaulting the complainant in his attic over a series of days, which the complainant didn't remember. But Birtch's "enthusiasm is palpable and disturbing" in describing the torture. 

"While it is unlikely that the attic torture happened, it is clear he victimized her repeatedly. Her vulnerability made her the perfect victim," Nicholson said. 

Birtch would come over and buy her groceries and gifts, as well as cocaine and alcohol, and promised to help her keep her apartment, the judge said. 

"It is clear that he frequently engaged in non-consensual sexual activity" with the woman, Nicholson added.

The case will be back in court in May to hear a pre-sentencing report. 

Discussions about next steps in the proceedings that ended in a mistrial are scheduled for Jan. 28. 

Birtch faces an impaired driving charge that will be before court Feb. 11. 

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.