Northern News Services

Yellowknife (Feb 13/02) - In the end, a judge believed the defendant and acquitted a 50-year-old Yellowknife lawyer of sexual assault Tuesday.

"I believe the evidence of the accused. The Crown has failed to meet the test. I find you not guilty," Judge Arthur Lutz told Charles McGee in the packed third-floor courtroom. Lutz is a judge of the Court of Queen's Bench of Alberta brought in to hear the case in Territorial Supreme Court.

McGee's wife, Katherine, slumped into his arms and sobbed as the verdict was read out. His daughter, sitting beside him, wept softly.

The charge against McGee stemmed from a 1994 incident during a sleep-over at McGee's home.

The complainant, who was nine years old at the time, claimed McGee entered the room she was sleeping in and offered to rub her back.

According to her testimony, McGee fondled her buttocks and genitals during the incident.

McGee, who took the stand in his own defence, said he merely rubbed her "upper and middle back," over and beneath her sleeping garments to help her fall asleep.

A publication ban prohibits any reporting that could identify the complainant.

Lutz pointed out more than a dozen inconsistencies in the complainant's testimony.

The defence suggested the complainant concocted the story in 2000 to deflect attention after getting in trouble at school.

"She had to exculpate herself," Lutz said.

He contrasted the inconsistencies with McGee's testimony and his actions following the incident. McGee was, "frank, and forthright, and he showed no sign of remorse or of withholding information," said Lutz.

Defence lawyer Alex Pringle said his client felt "vindicated" by the verdict.

"In many cases, there is an acquittal because there is insufficient evidence. Here, the judge accepted (McGee's) testimony."

The case rocked Yellowknife's close-knit legal community. As the McGees walked down 49th street from the courthouse, they gave an "OK" sign to a law office across the street.

Katherine McGee then walked across the street and embraced someone who came from the office.

Pringle said his client expects to return to work immediately and stay in Yellowknife.