This article contains allegations of sexual assault. Anyone who is at risk of sexual violence or has experienced sexual violence can call the Guelph-Wellington Women in Crisis 24-hour helpline at 1-800-265-7233.
GUELPH – The defence lawyer for a Puslinch man accused of sexually assaulting two women when they were teenagers has asked a judge for an acquittal.
Janice Klinetobe and Kristin Bax have accused Brian Cox of sexually assaulting them in their teens, between 1986 and 1991.
Now 69 years old, Cox has pleaded not guilty to two charges of sexual assault against Klinetobe, and to two charges of sexual assault and two of gross indecency against Bax. His trial began in March.
Lawyers for both sides presented their arguments for sentencing to Justice Matthew Stanley in Guelph court Monday.
Defence lawyer Dean Paquette poked holes through the women’s testimony, bringing attention to inconsistencies he said raised questions about their credibility and reliability.
The Crown, Paquette said, had come “nowhere close” to proving beyond a reasonable doubt that Cox was guilty — as is the Crown’s job.
Cox’s testimony, however, raised reasonable doubt, he said.
Although his behaviour was “highly questionable,” Paquette said that’s not what Cox is on trial for.
The challenge for the judge is determining whether Cox is guilty of engaging in sexual acts with Klinetobe and Bax without their consent.
The defence suggested the women’s testimony wasn’t nearly enough to secure a conviction.
“Nothing, plus nothing, equals nothing,” Paquette said.
Assistant Crown attorney Marilyn Dolby spent little time making her arguments, focusing briefly on what she said was Cox’s position of trust and authority.
He had employed both Klinetobe and Bax at his used car dealership, and Dolby suggested he was an “elder” at the “Two by Two” religious organization they had all been part of. (He shook his head in court as Dolby said this.)
Cox was “significantly older,” in his 30s when the alleged offences first occurred, Dolby continued. The women were in their teens; Klinetobe was 18 and Bax 16.
Could she reasonably stand before court and proclaim each of the many, repeated sexual acts between Cox and the women were truly non-consensual, Dolby asked rhetorically.
If that person was being coerced by a person in authority, she said she could.
The prosecutor suggested any memory gaps and discrepancies in the women’s testimony could be explained by the women testifying to offences that would have happened nearly 40 years ago.
The crown asked Cox be found guilty on all counts. He is expected back in court for the judge’s decision in September.
