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Sexual assault trial adjourned

Cara Loverock
Northern News Services
Published Wednesday, December 17, 2008

SOMBA K'E/YELLOWKNIFE - A sex assault trial for a man accused of grabbing a woman's buttocks on the Frame Lake Trail was adjourned while the accused was being cross-examined Friday.

Christopher Vital, 30, was charged after a woman on her way to work on July 25 reported that she was the victim of a sexual assault.

The complainant testified that at around 8 a.m. she was walking on the Frame Lake Trail near the Ruth Inch pool when a man described as roughly 5 foot 8, wearing sunglasses, a blue print shirt and a tan ball cap, grabbed her buttocks.

"It was pretty much right after he passed me," the woman said. "It was a full-hand grab."

She said she was in shock at the incident and called police on her cell phone right away.

"It's a violation of your personal space," the woman said.

Three RCMP officers also testified for the Crown. An RCMP corporal testified that Vital had been found in the area soon after the incident and was holding a plastic bag containing clothing items that matched the description of the suspect.

During the lengthy proceedings, Vital testified in his own defence claiming he accidentally touched the woman when he tripped.

"I was listening to a DMX song," explained Vital. "I tripped and I grabbed her butt by mistake."

Vital said he apologized and continued walking when he saw some ducks he wanted to take pictures of. He said he found a plastic bag and put some of his clothes in the bag so that he could get in the water, closer to the ducks.

During cross-examination by Crown prosecutor Janice Walsh, Vital became confused when she asked him about previous statements he made to police when he was arrested. Judge Brian Bruser ruled a video tape of Vital's statements must be played for him so that he can fully comprehend the questions. Bruser also ordered a Tlicho translator be present for Vital.

The trial was originally also to include a charge of possession of a controlled substance. However, Vital changed his plea to guilty on that count.

The matter was adjourned to Jan. 16.

He is also scheduled to be sentenced on one charge of trafficking and will face two more trials - one for charges of breach of probation and resisting a peace officer and another charge of sexual assault scheduled to be heard in Behchoko on March 30.

Vital remains in police custody.