March 13 will be the day former Sudbury track coach David Case finds out the decision whether he's guilty of sexual assault and assault.
Case, 57, faces five charges stemming from alleged events that began more than 30 years ago.
The victim, who cannot be identified due to a publication ban, alleges Case sexually assaulted her on a bus when she was 15 years old, sexually attacked her in a dorm room and a hotel room when she was 16 years old, as well as further physical attacks after they were secretly married shortly after she turned 18.
The trial stretched out over three days, with Judge Alex Kurke reserving his decision following final submissions Thursday afternoon.
To read what happened on Day 1 of the trial, click here.
To read what happened on Day 2 of the trial, click here.
To read what happened on Day 3 of the trial, click here.
Case's defence lawyer, Nicholas Xynnis, argued this week the evidence presented over the trial more than raises reasonable doubt as to whether or not the assaults happened.
Compounding the difficulty in the case is the fact the alleged events stretch back decades, Xynnis said.
He argued the victim's testimony was filled with “highly unlikely scenarios,” some of which Xynnis called “completely nonsensical.”
“At the end of the day, I can't tell you why (the victim) is making these allegations,” Xynnis said in his closing statement. “The evidence is a long way from proving beyond a reasonable doubt the allegations against him.”
Assistant Crown attorney Stephanie Baker said the victim's testimony contained very compelling evidence as to how the assaults happened. She told Kurke the confusing timeline provided by both Case and the complainant should not be concerning.
“(The complainant) testified in a fair and open manner,” said Baker. “There is nothing in her testimony that would suggest it was unreliable, and there's ample reason to believe her evidence. Much of (Case's) testimony and reasons for what he did defy common sense.”
Baker used the term “grooming” to describe their relationship, given Case was in a position of authority as her coach. Their relationship went well beyond a coach-athlete relationship.
However, Kurke quickly addressed the statement, and said grooming is the wrong term to use, and suggested it was an "inappropriate courtship," instead.
Baker said Case was a controlling person, even resorting to calling the police several times when the alleged victim wouldn't co-operate with him.
“There was an imbalance of power over eight years of the relationship,” she said.
Parties will return to court March 13.
