Cara Loverock
Northern News Services
Published Friday, July 25, 2008

SOMBA K'E/YELLOWKNIFE - A female Yellowknife RCMP officer claims she was fondled on her crotch by an intoxicated man during an arrest earlier this spring.

Dayl Hein, 40, is facing a charge of sexual assault, as well as mischief and resisting arrest, in relation to an incident that took place at Sandstone Apartments on March 26, 2008.

During the trial by judge that began on Wednesday, the police officer said she and a male RCMP officer responded to a call at roughly 12:30 a.m. after a broken window was discovered by a caretaker in the building.

Upon arrival, the two police officers followed a trail of blood up to an apartment and found Hein on a couch, bleeding from his hand, the officer said.

The female officer testified that Hein was pepper-sprayed when he became combative and swore at the officers. He was eventually handcuffed and led down a stairway where, according to the female officer, he turned to her and said, "You breathe hard like a cougar. Maybe you're more like a cheetah."

She said she attempted to get Hein in the police vehicle, standing behind him as he was facing away from her with his hands handcuffed behind his back. She said she felt his hands on her belt and then "drop down and stop on my crotch area."

"I felt his fingers kind of massage, fondle," she testified.

The officer said the incident lasted only a few seconds and that afterward her pants had blood on them in the groin area.

The second male officer that was also on the scene that night took the stand on Thursday and said he witnessed the sexual assault.

Hein testified in his own defence and denied he touched the female officer in her crotch area or in a sexual manner.

He admitted to being intoxicated the night of his arrest, having drank a mickey of vodka mixed with pain medication he had been prescribed.

Hein admitted he did break the window in order to get inside the apartment building and was "really aggressive" when RCMP attempted to arrest him. Under questioning by his attorney, Stephen Shabala, he denied the fondling of the officer ever happened.

"Not a chance," said Hein. "If anything she was moving into me."

Shabala requested Hein be handcuffed by the court officer in an attempt to illustrated how Hein's hands would have been restricted in the handcuffs. Judge Brian Bruser allowed Hein to be handcuffed outside the courtroom and take the stand while handcuffed.

During cross examination, Crown prosecutor Roger Shepard pointed out that while in handcuffs Hein was "able to wiggle his fingers."

After closing arguments by Shepard and Shabala, Bruser reserved judgment in the case, saying he will deliver his verdict on Aug. 15.