Regina vs Brian Douglas Louie based on a May incident on the Osoyoos Indian Reserve – trial before Judge Meg Shaw began Tuesday.
The Crown today reduced the number of charges against Brian “BLou” Louie. It had totalled 5 but the provincial Crown counsel Vernon Frolick started this court trial by stating only two charges have merit.
Count 1: A charge of aggravated sexual assault and
Count 2. Assault causing bodily harm
in connection with an incident in the early morning hours Sunday May 20 2012 following a drinking party at a home on Sage Road east of the Town of Oliver.
The crown started its case by declaring that a ban of publication had been imposed on identification of the victim, a 29 year old women from Okanagan Falls, or any evidence that directs attention to her identity.
The case is expected to last three days with no quick decision on the guilt or innocence of the man charged.
Witness # 1 Dr. Catherine Rublee, gynecologist, told the court she was consulted by a General Practitioner calling from SO General Hospital after he had placed one suture on the day of the incident on the victim in her genital area to stop serious life threatening bleeding. Dr. Rublee stated she had been advised that the victim had received serious injuries in a fight. She and other medical staff aided the victim at Penticton General Hospital and conducted a serious of tests including an X Ray of her arm and a CAT scan of her head to ensure that no hidden damage was evident. Dr. Rublee stated that the victim was badly bruised with many abrasions on her body including a serious laceration above her right eye necessitating a second suture.
Witness # 2 – told the court she had witnessed the victim meeting with Louie the night previous to give him a cell phone he had wanted returned and that the Louie seemed a bit agitated.
Witness # 3 – Identified as a visitor to the party house stated to the court he didn’t know Louie well but met him the night of the party and talked briefly. Later he was awoken by screams and went from a bedroom to the living room area where a fight was in progress but was quickly pulled into a bathroom by his girlfriend for his safety.
Witness # 4 – identified herself as the owner of the home in which the party was held. She said the party was uneventful. But close to dawn she was awoken by screams from the victim hearing the words “Cassie help me”. She found the victim in a pool or blood with Louie sitting at the kitchen table. The witness told Louie that she was ‘calling the cops’ and then she said he proceeded to beat the victim with fists, feet and verbal abuse – throwing her to the floor and then down a stairwell. The witness retreated to a safe location in the house until the attack was over, the suspect left and the front door locked at which time she made contact with the authorities.
During her testimony a 9-11 call was played for the Judge and courtroom audience that lasted about half a hour – as the caller told the RCMP dispatcher the location of the house and the nature of the call. The victim was taken to hospital by the first RCMP officer to appear at the scene as the EMS crew had difficulty finding the location on the Indian Reserve.
Several times during the court day the accused spoke out – saying at one point “when do I get to testify?” but was quickly instructed to wait.
The trial continues Wednesday.
( some corrections made December 5 )