TRUR0 - The fate of two Truro men accused of sexually assaulting a woman last September is now in the hands of the jury.
The 12-person jury began deliberating Thursday afternoon after receiving final instructions from Nova Scotia Supreme Court Justice Robert Wright. But after meeting in jury chambers for about five hours, the panel was excused at about 6:30 p.m., after which they were sequestered for the night at a local hotel.
Earlier in the day, Wright told the group that in deciding the case, "... you have to rely on what you remember the evidence was."
And he stressed to the group the importance that they must believe beyond a reasonable doubt that the men had perpetuated the crimes they are charged with.
"So it's not enough for you to believe that either or both of them are probably or likely to be guilty," he said, adding that the evidence presented during the trial made it "patently obvious that credibility is front and centre in the case."
Robert (Bobby) Henry Desmond, 49, and Michael Shane Paris, 48, are each charged with sexual assault, sexual assault with an electric razor, bodily harm during a sexual assault, confinement and uttering threats and assault. Desmond has pleaded guilty to the assault charge while Paris has pled not guilty to all charges.
Testimony from the trial alleged the pair sexually assaulted the woman (whose identity is banned from publication) after both of them had simultaneous sex with her on the evening of Sept. 18.
The woman admitted during last week's testimony to drinking about 15 beer and two vodka/jelly shooters and smoking crack cocaine before ending up at Desmond's Walker Street apartment around 8 p.m.
After smoking crack cocaine together, which the woman said Desmond paid for, she gave him oral sex prior to Paris's arrival at the apartment around 10 p.m. The woman testified that the three sat around talking and sipping beer for about an hour before they all went into Desmond's bedroom for three-way sex.
After returning to the living room for awhile, the woman said she began to feel uncomfortable when the conversation became more sexual and declared she wanted to leave. At that point, Desmond allegedly said she was not leaving and he ended up choking her, kneeing her in the mouth and forcing her to drink whiskey before she was ordered to strip her clothes and go into the bedroom to wait for them. It was at that point, she said, that the non-consensual sex occurred.
The woman eventually escaped from the apartment around 2 a.m. by running naked to a neighbouring residence where she called the police.
The jury is to continue its deliberation this morning.
