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B.C. woman convicted of coughing on grocery worker during pandemic acquitted

B.C. woman convicted of coughing on grocery worker during pandemic acquitted

CTV
Saturday, February 10, 2024 05:05:25 AM UTC

A British Columbia Supreme Court judge has acquitted a woman who was sentenced last year to 18 months of probation for intentionally coughing in the face of a grocery worker and assaulting another worker with a grocery cart during the COVID-19 pandemic.

A British Columbia Supreme Court judge has acquitted a woman who was sentenced last year to 18 months of probation for intentionally coughing in the face of a grocery worker and assaulting another worker with a grocery cart during the COVID-19 pandemic.

Justice Douglas Thompson on Thursday threw out the convictions for two counts of assault and one count of causing a disturbance, finding the lower court judge erred by not allowing the accused to call a character witness during her trial.

Kimberly Brenda Woolman was found guilty of the charges last April and was sentenced to 18 months of probation in July.

The altercation occurred three years prior, on April 24, 2020, when provincial health orders required stores to limit the number of customers allowed inside and required shoppers to stay at least two metres apart.

Grocery employees testify

Judge Barbara Flewelling presided over the three-day trial, which heard from five store employees who testified that Woolman refused to follow the store's COVID-19 mitigation measures, refused to leave the store when asked, and shouted "loud invective that COVID-19 was fake," the trial judge wrote in her decision.

Employee Jacqueline Poulton told the court she was following Woolman down a store aisle and asking her to leave when Woolman stopped abruptly, turned to face her from about a metre away and then leaned in to forcibly cough twice in her face.

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