Charges dismissed against 2nd British sailor in alleged sexual assault at CFB Shearwater

Charges against a British sailor in relation to an alleged gang rape at CFB Shearwater in Halifax have been dismissed.

A Nova Scotia judge dismissed the charges against Joshua Finbow on Thursday, after Finbow’s police statement was earlier ruled inadmissible.

READ MORE: 3 British Navy sailors charged in alleged gang rape can return home to U.K.

Finbow was one of four sailors arrested in April 2015. The men had travelled to Nova Scotia to take part in a hockey tournament with local Armed Forces personnel and it was alleged they participated in a “group sexual assault” in a barracks at CFB Shearwater.

In September of this year, Justice Patrick J. Duncan ruled Finbow’s statement to police was inadmissible because his Charter rights had been violated.

According to Duncan, Finbow did not have immediate access to a lawyer after his arrest. Finbow was taken from his barracks at CFB Shearwater to the Canadian Forces National Investigative Service regional offices in downtown Halifax, where he was made to wait.

“I conclude that Mr. Finbow’s section 10(b) right to consult counsel without delay was violated. There was a one hour and 20-minute delay in implementing his right to counsel, thus it was not provided immediately, as is the constitutional right of an accused,” he said in his decision.

Share this on X Click to share quote on X: "I conclude that Mr. Finbow's section 10(b) right to consult counsel without delay was violated. There was a one hour and 20-minute delay in implementing his right to counsel, thus it was not provided immediately, as is the constitutional right of an accused," he said in his decision.

1:37 Preliminary hearing underway for British sailors accused of sex assault

As well, Duncan ruled Finbow’s Charter right to privacy was violated on the day he gave his statement because he could hear what was being said in adjoining rooms, so he could assume that his conversations with his lawyer would be overheard too.

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Without the police statement, the Crown offered no evidence against Finbow during a court appearance on Thursday.

“The Crown reviewed the decision and concluded that as a result there was no realistic prospect of conviction,” said Chris Hansen, spokesperson for the Nova Scotia Public Prosecution Service, in an email.

Share this on X Click to share quote on X: "The Crown reviewed the decision and concluded that as a result there was no realistic prospect of conviction," said Chris Hansen, spokesperson for the Nova Scotia Public Prosecution Service, in an email.

The judge then dismissed the charges.

READ MORE: Charges against 1 of 4 British sailors dropped in Halifax group sex assault

Charges against fellow British sailor Craig Stoner were dropped in April 2016. At the time, Crown prosecutor Scott Morrison said there wasn’t enough evidence presented during the pre-trial hearing that would have convicted Stoner.

“While it may have been possible to get committal to trial, the evidence would not meet the high standard necessary for a criminal conviction,” Morrison said at the time.

Two sailors, Simon Radford and Darren Smalley, are still charged with sexual assault causing bodily harm and participating in a group sexual assault in connection to the alleged incident. They will be facing trial in September 2018.

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