BY KEITH LACEY
A Greater Sudbury Police sergeant looked skyward towards the ceiling and was deeply shaken after a judge found him guilty of one count of assault causing bodily harm and three counts of assault against the same female victim Thursday.
Robin Chuipka, 45, who has more than 20 years of service with the Greater Sudbury Police Service, was found guilty by Justice Frank Caputo of the Ontario Superior Court of Justice. Caputo rendered his decision during a lengthy four-hour hearing.
Caputo sat through several weeks of testimony during a trial that started last November and wrapped up in February.
Chuipka was found not guilty of sexual assault and another charge of assault agains the same victim.
Chuipka and the complainant were involved during the time she alleged he repeatedly assaulted her between the fall of 2002 and fall of 2003. Caputo has ordered a publication ban on any evidence that could help identify the complainant.
A date for a sentencing hearing will be set on Tuesday, May 2. Caputo also ordered a pre-sentence report be prepared before Chuipka is sentenced.
Paul Larsh, who was representing Thom Fitzgerald, the regional director of Crown attorneys who prosecuted the case, asked that Chuipka be taken into custody following the judge's verdict, but Caputo ordered Chuipka remain free on his own recognizance.
Chuipka was suspended with pay after being arrested in Sept. 12, 2004 and he will continue to be paid until following his sentencing hearing. He also faces numerous charges under the Police Services Act.
Caputo took more than two hours to review the evidence of each and every witness who testified during the trial.
The complainant kept a diary during the time period where she said she was being assaulted and testified at trial she originally didn't report physical abuse she was suffering at the hands of Chuipka because she didn't want to get him in trouble because of his job and because she still loved him.
She finally came forward because she was in fear for her life,
she testified.
During his decision, Caputo repeatedly made comments about how he
found the complainant's testimony to be credible and reliable about
how she suffered physical injuries and how Chuipka's version of
events were not credible.
Pictures the woman took detailing her physical injuries and testimony from a physician and the woman's sister were very strong corroborative evidence, said Caputo.
While he believed most of her evidence about being sexually assaulted by Chuipka, who was alleged to have used his finger to violently assault her, there was no corroborative evidence and he had reasonable doubt in relation to those allegations, said the veteran judge.
On another charge where the woman complained about being kicked in the head with enough force to cause a big hole in the wall of her residence, the judge ruled there would have been significant injuries if that had happened and was not satisfied the Crown had proven that allegation.
Considering the Crown asked Chuipka be taken into custody after being found guilty on four counts, it's expected it will be seeking a jail sentence against him when sentencing takes place.
