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Back in court for the sex assault trial of former Ottawa Police rookie Sharmarke Ali, 34. The complainant is on the witness stand this morning. She is 19 yo. I will refer to her as "C" for complainant. The alleged assault occurred on April 13/2019
Complainant was 18 at time of alleged assault. It was after a night of dancing at Mardi Gras, she had just left Three Brothers Shawarma place. Says she was "most intoxicated" at the club. Her last drink was at 1:15 am at the club.
She says the amount she was drinking that night was "usual for her" but not usual for normal people. She was going through a "phase" Says she was stumbling a bit, and she was upset, "everything triggered me more intensely."
After the Shawarma place, her feet hurt and wanted to go home, so decided to walk the three blocks to her house. Left by herself, walking down Rideau St, in the opposite direction of Parliament.
Says she wasn't paying attention to her surroundings. But she noticed a grey car pass her, then noticed later it was parked and it was still running. It was six metres ahead of her. A man was approaching her on the sidewalk. No one else was on the street at the time. 3am
C: My first impression was that he was very tall. Nice smile, white teeth. Appeared "very kind" at first. She says she was talking about her ex to him. The man comments about how tall she is. She says she's 6'4 in heels. She says Ali told her he was 24yo and a police officer
After he says he was a police officer, I said -"prove it" so he takes off the badge. After he shows her the badge, woman says he leaned over and gave her a peck. She didn't pull away "didn't react" then backed up, what's happening right now. Then he asked for my phone number.
Says Ali asks for her phone number, she gives him her snapchat instead. Says she wanted to give him snapchat..because "I can remove him right away. If I gave him my number, it would be traceable. I thought it would be safer."
She gave him her phone to type in her snapchat
She gave him her phone to type in her snapchat
C: This is where it gets foggy. After I give him the snapchat "it gets more intense. He grabs me closer and starts making out with me. At this point I'm kissing him back, not thinking about it. We were kissing. And he's grabbing me. I was feeling cold"
C: "I was feeling cold - I just remembered this last night, but he had lifted my dress and my butt was exposed." She doesn't recall how the kiss ends, but thinks she pulled away. He grabs my hand "Let me drive you home, your feet are hurting."
C: I said no..it's okay I'm only a block away. But I got in the car. "He was persistent. It's cold he kept saying.:
It seemed intimidating to say "No," At this time - he seemed still "genuine" It's easier to go with it instead of saying No no, no - so he doesn't feel tension.
It seemed intimidating to say "No," At this time - he seemed still "genuine" It's easier to go with it instead of saying No no, no - so he doesn't feel tension.
C: During the drive I just remember he put a song on. There was a little bit of conversation. The drive was 30 seconds. He pulls into her apartment bldg parking lot. Once we're parked I say "thank you for driving me, nice meeting you, have a good night,"
C: I undid my seatbelt, and he undid his seatbelt too. Afterwards he told me again, nice to meet you too, you're very beautiful. He leans in to kiss me. This is when we start kissing again..this time it's a lot more intense.
C: He's moving faster. His tongue is more aggressive. He's just touching me more. I back away and laugh it off. and say, My roommates are going to be home. He says."No five more minutes. At 3:05 you can go."
C: I was in shock again. He puts his left hand in my bra and grabs my wrist and "puts it on him."
I'm not reciprocating his kisses "to the same level he is"
I was "present but not contributing."
"My right hand is placed on his crotch area. He grabbed it and put it there."
I'm not reciprocating his kisses "to the same level he is"
I was "present but not contributing."
"My right hand is placed on his crotch area. He grabbed it and put it there."
The young woman is fighting for composure. She's looking down, breathing deeply and wiping tears from her eyes. This is as the crown is asking for more specifics
C: His hand is in my bra and "he's grabbing it pretty hard." He moves his hand and undoes his belt. , there's an opening in his pants, and he places my hand on top of it."
Says he places his hand on top of her hand. Her hand was on top of his boxers
Says he places his hand on top of her hand. Her hand was on top of his boxers
C: This is when I stop. "I completely pull away" He says 3 more minutes - I just want to kiss you."And puts my hand there again. "Clearly he's loving it, because he's at least semi-erect."
It ends when I pull away. I say "Seriously I have to go, but it was really nice meeting u"
It ends when I pull away. I say "Seriously I have to go, but it was really nice meeting u"
Crown: When he puts your hand in your bra - did he ask you if it's okay?
C: No
Crown: When he placed your hand on his crotch, did he ask you if you wanted that to happen?
C: No
Crown: The 2nd time he placed your hand on his crotch, did he ask you if you wanted that?
C: No
C: No
Crown: When he placed your hand on his crotch, did he ask you if you wanted that to happen?
C: No
Crown: The 2nd time he placed your hand on his crotch, did he ask you if you wanted that?
C: No
Woman says she gets out of the car, walks behind the car. Says Ali gets out of the car, door is open. She sees him zip up his pants.
At the time - she says "I say good night" and he pulls me closer for "one last hug" that he asks for. Gives him another kiss, peck and walks away
At the time - she says "I say good night" and he pulls me closer for "one last hug" that he asks for. Gives him another kiss, peck and walks away
Crown: When he has his hand in your bra, how do you feel?
C: I felt uncomfortable and very violated. I was disgusted.
She says she didn't communicate that to him in words, but tried to do it with her body language. She pulled away. "I wasn't conveying that I was enjoying it"
C: I felt uncomfortable and very violated. I was disgusted.
She says she didn't communicate that to him in words, but tried to do it with her body language. She pulled away. "I wasn't conveying that I was enjoying it"
Crown: When he places your hand on his crotch how do you feel?
C: Even worse.
C: Even worse.
Complainant "C" says she was in the vehicle with him for about 5-8 minutes.
Says she walks into her residence and sits in the lounge and waits for her roommates to get home.
"I'm in shock"
Says she walks into her residence and sits in the lounge and waits for her roommates to get home.
"I'm in shock"
C; My friends see me sitting there. I tell my friend what happened.
When I was telling my friend the story "I was all over the place' Friend says - 'That's not okay. That's assault" and they call police. She spoke to an investigator around 3:40am, April 13
When I was telling my friend the story "I was all over the place' Friend says - 'That's not okay. That's assault" and they call police. She spoke to an investigator around 3:40am, April 13
C: says while she's speaking to police "She's still drunk, still upset."
She did not have any more interaction with the accused after that night. Says he never reached out to her again over Snapchat
She did not have any more interaction with the accused after that night. Says he never reached out to her again over Snapchat
The 19yo woman has the support of two friends in court with her. She is giving her testimony in the witness box behind plexiglass. Ali is in a separate room, where he can see and hear her. But she can't see him.
While we wait for court to reconvene -here's yesterday's thread. We watched an interrogation video more than hour long between rookie officer Sharmarke Ali and Sex Assault investigator Sgt. Carolyn Botting. Ali, waived speaking to a lawyer. https://twitter.com/judyatrinh/status/1303708342896996352?s=20
We're back with some final questions from the crown.
Victoria Lazenby, asking woman to describe how she was sitting in the car.
C; I was sitting very straight, knees together until we were parked. Then I turned toward him to say goodbye
Victoria Lazenby, asking woman to describe how she was sitting in the car.
C; I was sitting very straight, knees together until we were parked. Then I turned toward him to say goodbye
Crown: What kind of dress were you wearing?
C: It was a V neck, spaghetti strap.
Crown: When he puts his hand in your bra, was he kiss you?
C: Yes - the hand that grabs my bra is the same hand that grabs my wrist and places it on him
C: It was a V neck, spaghetti strap.
Crown: When he puts his hand in your bra, was he kiss you?
C: Yes - the hand that grabs my bra is the same hand that grabs my wrist and places it on him
The Crown is asking very specific questions. Were you kissing, when he grabbed your hand?
Were you kissing him back when his hand was in your bra?
Where were your hands?
How long did you kiss for?
She's answering with little hesitation but w/some occasional pauses
Were you kissing him back when his hand was in your bra?
Where were your hands?
How long did you kiss for?
She's answering with little hesitation but w/some occasional pauses
The woman is being asked to recollect an incident that took place more than year ago in an interaction that lasted between 5-8 minutes in a car, while she was 'intoxicated'
Sharmarke Ali has said he did not have anything to drink at the time.
Sharmarke Ali has said he did not have anything to drink at the time.
Crown: At any point did you want to touch his penis?
C: No
Crown: At any point did you voluntarily touch his penis?
C: No
The defence cross examination is next
C: No
Crown: At any point did you voluntarily touch his penis?
C: No
The defence cross examination is next
Defense @mspratt is taking off his mask to do the cross. He's standing behind plexiglass.
Starts with pointing out that complainant provided three separate complaints to police.
Starts with pointing out that complainant provided three separate complaints to police.
FYI; There are plexiglass partitions separating defines from crown. The judge is behind plexiglass, and so is the witness.
Of the 8 rows of seating in the courtroom 4 are taped off. And only one person can sit per row.
However multiple supporters can sit in the courtroom
Of the 8 rows of seating in the courtroom 4 are taped off. And only one person can sit per row.
However multiple supporters can sit in the courtroom
Cross begins.
Defense wants to know how Ali identified himself as a police officer.
Woman says I asked him what he did for a living and he said he was a cop. And I said "no way" So he showed me his badge
Defense wants to know how Ali identified himself as a police officer.
Woman says I asked him what he did for a living and he said he was a cop. And I said "no way" So he showed me his badge
Defense: Did you assume he was a drug dealer? Did you make generalizations based on what he looked like?
C: No. - She's squinting her eyes, seemingly perplexed at the line of questioning.
Defense: When he offered to give you a ride, he didn't bring up being a police officer?
No.
C: No. - She's squinting her eyes, seemingly perplexed at the line of questioning.
Defense: When he offered to give you a ride, he didn't bring up being a police officer?
No.
Defense: When I suggest that he pulled out his badge to say that he was police officer and wanted to take you home to make sure you were safe. Did that happen?
C: No that didn't happen.
Now-Michael Spratt (D) brings up her statement which she says that happened.
C: No that didn't happen.
Now-Michael Spratt (D) brings up her statement which she says that happened.
Defense; You wrote this statement. At the time you were sobering up?
C: yes.
Defense: was the ivnestigator rushing you to write this?
C: No - he told me to write what I want to write.
D: were you in a state you could write clearly? You're using sentences, and there are details
C: yes.
Defense: was the ivnestigator rushing you to write this?
C: No - he told me to write what I want to write.
D: were you in a state you could write clearly? You're using sentences, and there are details
Defense says - at the time of this statement "you were sobering up and didn't have a drink in over four hours."
C: Yes.
Defense: When did you have your last drink at the time?
C: Around 1:30am
D: so three hours. You signed the statement
C: Yes.
Defense: When did you have your last drink at the time?
C: Around 1:30am
D: so three hours. You signed the statement
Defense: Did you write this:
"He then pulled out his badge and explained to me he's a cop and wanted to drive me home to make sure I was safe."
C: Yes -- but I was trying to condense my thoughts - I thought I had to put it all on one page.
"He then pulled out his badge and explained to me he's a cop and wanted to drive me home to make sure I was safe."
C: Yes -- but I was trying to condense my thoughts - I thought I had to put it all on one page.
The defence is trying to show inconsistencies in the complainant's testimony from what she has said during the trial, vs what she has said in a written statement and two video-taped interrogations with Ottawa Police sex assault investigators
We are going through a transcript of her videotaped interview, line by line .
She says I agreed that those two things happened - that he showed me his badge, and asked me if I was upset.
"I'm not saying that's the order of how it happened."
She says I agreed that those two things happened - that he showed me his badge, and asked me if I was upset.
"I'm not saying that's the order of how it happened."
D: Is the first kiss after he showed you the badge?
C: Yes.
D: You told him you weren't in a good mood that night because you saw you boyfriend in a club
C: Yes
D: But that wasn't true.
It wasn't true. There was an incident with an old friend from high school that made her upset.
C: Yes.
D: You told him you weren't in a good mood that night because you saw you boyfriend in a club
C: Yes
D: But that wasn't true.
It wasn't true. There was an incident with an old friend from high school that made her upset.
Those details because they're not pertinent to the case.
In her written statement she wrote that she saw a car slow down and stop in front of her.
D: did you see the car slow down?
C: It was already driving slowly
D: Did you see it stop?
C: I didn't see it stop
In her written statement she wrote that she saw a car slow down and stop in front of her.
D: did you see the car slow down?
C: It was already driving slowly
D: Did you see it stop?
C: I didn't see it stop
Woman acknowledges there was initial small talk on Rideau Street.
D: That's not unusual in the Market (bar area) to have someone come up and talk to you
C: Not unusual.
D: He told you - you're beautiful, don't worry about your ex.
D: That's not unusual in the Market (bar area) to have someone come up and talk to you
C: Not unusual.
D: He told you - you're beautiful, don't worry about your ex.
C: We talk about how old I am, where I go to school and we talk about how I didn't believe he was a police officer.-then he gave her a small peck on the lips.
D: In your written statement there was nothing written about kiss not he road, and making out not he street.
D: In your written statement there was nothing written about kiss not he road, and making out not he street.
D: Those were consensual kisses, you kissed him back
C: Yes.
D: You said you told him how old you were.
C: Yes.
D: Did police ask you that question? I'm going to suggest that you never told police that you told him you were 18 yo.
C: Yes.
D: You said you told him how old you were.
C: Yes.
D: Did police ask you that question? I'm going to suggest that you never told police that you told him you were 18 yo.
C: I don't remember.
D: you're not claiming to have a perfect detailed recollection of everything that happened between the two of you
C: No.
D: You said there were snapchat info exchange, was he hiding anything about himself?
C: No.
D: You said there were snapchat info exchange, was he hiding anything about himself?
C: The only thing I know he lied about was his age.
D: He gave you his name right?
C: He gave me his snapchat user name- which was Sharks - I thought that was funny.
I gave him my phone to add his Snapchat info into my phone.
D: He gave you his name right?
C: He gave me his snapchat user name- which was Sharks - I thought that was funny.
I gave him my phone to add his Snapchat info into my phone.
C: He never added me back.
We are going through details about how Snapchat works. Who adds who, and who has the ability to block who.
TBH - I've lost track of this part. I don't use snapchat.
But defence is implying that it was Ali, who gave him his phone for her to add his name
We are going through details about how Snapchat works. Who adds who, and who has the ability to block who.
TBH - I've lost track of this part. I don't use snapchat.
But defence is implying that it was Ali, who gave him his phone for her to add his name
C: says it's possible that it happened. But she's "pretty certain" that's not what happened.
D: Could it have been the other way around?
Woman acknowledges it could have been
D: Could it have been the other way around?
Woman acknowledges it could have been
D: Did he ask you if you had too much to drink?
C: I'm pretty sure I said, "I was out, so I'm kind of drunk and I saw my ex."
D: Did he ask you if you were okay?
C: I don't want to embellish memories I don't fully remember
C: I'm pretty sure I said, "I was out, so I'm kind of drunk and I saw my ex."
D: Did he ask you if you were okay?
C: I don't want to embellish memories I don't fully remember
D: There is a short kiss where he kisses you on the lips. Then there was more small talk?
C: Yes.then that's when we exchange snapchats
D: Then you guys make out?
C: Yes.
D: You would disagree with me if I say that you initiated the kiss.
C: Yes (would disagree)
C: Yes.then that's when we exchange snapchats
D: Then you guys make out?
C: Yes.
D: You would disagree with me if I say that you initiated the kiss.
C: Yes (would disagree)
C: Reiterates that she just remembered that he lifted her skirt while they were kissing on the street.
D: This is new memory that's coming back to you more than year later?
C: Yes
D: while he's kissing you- do you verbally tell him to stop, or tell him you're uncomfortable?
C: No
D: This is new memory that's coming back to you more than year later?
C: Yes
D: while he's kissing you- do you verbally tell him to stop, or tell him you're uncomfortable?
C: No
D: There was no pressure to get in his car? No threats?
C: No. But acknowledges she doesn't remember getting into the car.
D: He didn't leverage the fact that he was a police officer to get in the car?
C: No
C: No. But acknowledges she doesn't remember getting into the car.
D: He didn't leverage the fact that he was a police officer to get in the car?
C: No
D: If I were to suggest you got into the car of your own volition, you're not able to disagree with that?
C: No (can't disagree)
D: Did he intimidate you?
C: I only realized it was weird this guy kissed me on the street in the car.
D: Did u feel intimidated?
C: No.
C: No (can't disagree)
D: Did he intimidate you?
C: I only realized it was weird this guy kissed me on the street in the car.
D: Did u feel intimidated?
C: No.
D: Did you feel iniimidated because he was a black man?
C: No.
D: Did his skin colour or race have anything to do with it?
C: No - his height maybe.
I believe Sharmarke Ali is about 6'4
C: No.
D: Did his skin colour or race have anything to do with it?
C: No - his height maybe.
I believe Sharmarke Ali is about 6'4
Defense points out in her statement she wrote that the guy is "tall" I was wearing heels and he was taller than me. He was a Black man. Medium build."
C: I was describing him because we were trying to find him. I'm not intimidated because he was Black.
C: I was describing him because we were trying to find him. I'm not intimidated because he was Black.
We're going on lunch break until 2:15.
Okay -- back from lunch at the Sharmarke Ali trial. He's facing one count of sex assault. The complainant is under cross examination
. @mspratt is the defence lawyer.
Complainant is 19yo woman, who was 18 at time of alleged sex assault last April.
So far- both crown and defence agree that the kissing on the street was consensual, but complainant says groping inside the vehicle was not. It lasted approx 5-8 mins
Complainant is 19yo woman, who was 18 at time of alleged sex assault last April.
So far- both crown and defence agree that the kissing on the street was consensual, but complainant says groping inside the vehicle was not. It lasted approx 5-8 mins
We're going over the alleged assault. It starts out as some consensual kissing inside the car. Woman says multiple time that "she has to go, her roommate coming home."
@mspratt wants more info about timeline.
Justice Boxall clarifies for complainant about what she said earlier tday. You were parked, there was kissing. You said "I have to go" & then he said 5 more minutes, then after he touched your breast." Judge asks Is that what u remember?
Justice Boxall clarifies for complainant about what she said earlier tday. You were parked, there was kissing. You said "I have to go" & then he said 5 more minutes, then after he touched your breast." Judge asks Is that what u remember?
