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Complainant suffers from memory lapses

Justice Patricia Hennessy will decide this morning if a man is guilty of raping, forcibly confining and threatening a woman with serious bodily harm 14 months ago.
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Justice Patricia Hennessy will decide this morning if a man is guilty of raping, forcibly confining and threatening a woman with serious bodily harm 14 months ago.

Defence counsel Glenn Sandberg and assistant Crown attorney Fran Howe presented closing arguments Wednesday in the case against Donald Kocurek, 32.

Kocurek was released on bail after he was charged April 27, 2001, but breached his bail soon after his release. He has spent more than one year behind bars before his trial began three weeks ago.

Sandberg argued Kocurek should be acquitted on all counts as the complainant?s testimony isn?t credible as she admitted smoking several marijuana joints with Kocurek and can?t remember key details noting she said ?I don?t remember? 33 times during cross-examination.

Assistant Crown attorney Fran Howe said Kocurek?s testimony wasn?t credible as he was on drugs and admitted to suffering from poor short-term memory as a result of a serious head injury suffered in 1999.

Kocurek?s version of events don?t ring true, but that isn?t the case with the complainant, even though there are some inconsistencies in her testimony, said Howe.

Kocurek testified he met the woman in a restaurant and they went to his place. After smoking marijuana, they engaged in consensual sex, he said.

The woman testified Kocurek became very aggressive once they were in his apartment.

He picked her up and threw her onto a bed, pinned her down with his hands and used his body weight to control her while raping her, she said.

The woman had a couple of small, superficial bruises on her legs and knees, but there was no bruising on her arms or inside her thighs or vaginal area and this contradicts her testimony regarding a prolonged, violent assault, said Sandberg.

The woman testified that before he raped her, Kocurek reached over to the dresser for a condom and put it on.

Police didn?t find any condom or wrapper, and it would have been impossible for Kocurek to reach over to the dresser while pinning the woman down, said Sandberg.



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