Defence cross-examines woman on Day 2 of ex-Woodstock, Ont., mayor's sex assault trial

Warning: This story contains graphic details of alleged sexual assaults.

Trevor Birtch's defence lawyer is cross-examining the woman who testified at the opening of the former Woodstock, Ont., mayor's sexual assault trial, as proceedings entered Day 2 on Tuesday.

James Battin told the London Court of Justice his cross-examination "will be very brief" and broken up into four categories, which will include her knowledge of Birtch and specify each of the three counts of the common assault charges against him.   

The woman, who entered a relationship with Birtch in April 2020 following his separation from his ex-wife in 2019, testified Monday that his behaviour suddenly turned from friendly and compassionate to angry and hostile on two occasions after she declined his request to perform oral sex on him. 

The trial, overseen by Superior Court Justice Michael Carnegie, is in London and scheduled to run for four days. There's a publication ban protecting the identity of the woman.

Earlier Monday, Birtch, 48, entered not guilty pleas to two counts of sexual assault and one count of assault stemming from allegations made between Feb. 14 and Dec. 13, 2021. He was charged in February 2022 and stepped down from his second term as mayor several months later. 

Battin asked the woman to specify where she and Birtch went, as well as the times, when the first alleged assault occurred in July 2021. The woman maintained she doesn't remember details of the time and roads they were driving on in Birtch's vehicle. 

" I believe it was in July but I'm not very acutely aware of dates per se as opposed to what the actions were," she said. "It was a very stressful moment for me."

Battin asked if the woman became angry after seeing Birtch receive phone calls from other women, which she continuously denied.

In her testimony on Monday, the woman said Birtch left her outside a church for about 40 minutes before returning to get her and heading back to Woodstock. The defence asked if she was still upset when Birtch returned. 

"I was upset, I was upset for being left behind. I did remain in the vehicle because I had some questions about what transpired at the church and why I was abandoned," she responded.

Battin then showed the court several exhibits, which included photos of bruises on the right side of the woman's body, and text message exchanges between the woman and Birtch. She started crying but refused take a break when offered one by the judge.  

The woman said she took photos of her bruises within 24 hours of when he kicked her out of his car and she fell to the ground. But the defence said there was no date on that photograph and that Birtch was not sent those photos until he saw them as evidence through the Crown's office. 

"As I mentioned, it would've been within the first 24 hrs of being thrown out of his car, sometime in July," she said through tears. "My mind has blocked a lot of this out for obvious reasons because this hurts. All photos were taken in succession of each other because Mr. Birtch denied there were any bruises after I had been thrown out of the vehicle."