A legal challenge by former Afghanistan captive Joshua Boyle’s wife in the middle of his sexual-assault trial sets a “very dangerous precedent” that could be disastrous for such proceedings across Canada, Boyle’s lawyer says.
Lawrence Greenspon said Friday he will vigorously oppose the timing and substance of Caitlan Coleman’s appeal of a recent ruling that allows Boyle to introduce evidence about the couple’s consensual sexual activity.
Boyle, 35, has pleaded not-guilty in Ontario court to offences against Coleman, 33, including assault, sexual assault and unlawful confinement.
WATCH: Joshua Boyle on trial for assaulting estranged wife
The alleged offences date from late 2017, after the couple returned to Canada following five years as hostages of extremists who seized them during an ill-fated trip to Asia.
READ MORE: Joshua Boyle’s estranged wife alleges he bound her, hit her, forced sex following Afghan captivity
The assault trial, which began in late March, is suspended indefinitely while Coleman heads to a higher court to challenge a ruling that allows Boyle to introduce evidence about certain consensual sexual activity between them.
Ian Carter, Coleman’s lawyer, says she has instructed him not to appeal the outcome of the challenge — even if it goes against her — to help ensure the trial proceeds expeditiously.
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