Warning: graphic content
While there is evidence showing Brett Alexander Coombes bound, beat and sexually assaulted his cellmate in the remand unit of the Saskatoon Correctional Centre, there is not enough proof that he used a weapon when doing so, a provincial court judge ruled Monday.
Judge Barry Morgan found Coombes guilty of four offences, starting with an assault that began on May 1, 2015, in which Coombes used ripped towels to tie up a 20-year-old man whose identity is subject to a publication ban.
Morgan also convicted Coombes of sexual assault, uttering threats and common assault in connection with a second attack two days later, when the victim said he was kicked, punched and choked to the point of unconsciousness. He acquitted Coombes of choking to enable an assault.
During the trial, which began in June, the victim testified he was coerced and threatened into giving Coombes oral sex, believing it was the only way to end the prolonged abuse.
The victim reported the assault to a correctional worker the next day after Coombes allegedly told him “round two” would begin that night.
On the stand, Coombes said he was the victim of the sexual assault after waking up to his cellmate performing the sex act. The ensuing assault was a reaction to that, and the first assault was just a wrestling match gone awry, he told court. He also testified that he believed his cellmate was either gay or bisexual. Coombes said he told the man he did not care about his sexual orientation as long as he left him alone.
Morgan ruled Coombes’ version of events lacked credibility. He questioned why the victim would engage in such risky behaviour knowing how Coombes felt about him.
However, Morgan said he found some elements of Coombes’ testimony believable. Coombes told court there were no cell checks during the five-hour incident, even though the victim said otherwise. A guard would have noticed if someone was bound in a cell, Morgan remarked.
The trial heard that Coombes’ semen was found on the victim’s sweatshirt. Morgan determined there’s no doubt that a sexual assault took place.
“He did not do this willingly,” Morgan said of the victim.
Although the victim had marks on his wrists, likely from being tied up, Morgan noted no weapons were ever located. He concluded he could not accept the victim’s evidence that Coombes had used a “shank” in the commission of the sexual assault.
A sentencing hearing is scheduled to begin Tuesday.
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