P.E.I. man found guilty of sexual assault with a weapon

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CHARLOTTETOWN, P.E.I. — A P.E.I. man with gang ties that allegedly prohibits violence towards ladies has been discovered responsible of sexually assaulting a lady in her Charlottetown house whereas carrying a knife.

On Nov. 2 in P.E.I. Supreme Courtroom, Chief Justice Tracey Clements mentioned she didn’t imagine the accused, Harley David Coleman, and had “vital issues in regards to the plausibility” of a few of his proof.

Coleman, 31, beforehand pleaded not responsible to sexual assault whereas carrying, threatening to make use of, or utilizing a knife, and breaching a situation of a launch order and stood trial on these expenses earlier than Clements on June 28-29.

A publication ban is in place stopping the discharge of data that might determine the feminine sufferer.

The details

Clements recounted the proof offered at trial. Within the night of Aug. 28, 2022, the complainant and a few mates had been in a automobile on Fitzroy Avenue in Charlottetown by the Salvation Military constructing and noticed Coleman. The sufferer and Coleman knew one another from junior highschool. The 2 parted methods however shortly after, Coleman phoned her, and she or he picked him up on Weymouth Avenue. They drove round and made stops at totally different places within the metropolis, together with on the tent encampment on Grafton Avenue.

They went to her house twice – that night and the next morning. At one level, Coleman snorted Dilaudid contained in the house. The second time within the house is when Coleman dedicated the sexual assault at round 4 a.m. Coleman and the lady had been getting alongside and catching up. Coleman then took a bathe. When he got here out, she mentioned he appeared like a special particular person – indignant and impassive. Coleman mentioned he wasn’t leaving till that they had intercourse. Coleman instructed her to not mess with him and that he had beforehand been arrested in Manitoba for second-degree homicide. He then put two knives and a Taser on a desk. One knife fell on the ground.

Coleman took the opposite knife and guided the lady to her mattress. The knife was then positioned on an evening desk subsequent to the mattress and Coleman dedicated the sexual assault. Coleman didn’t put on a condom.

The girl went to the hospital that day for a sexual assault examination and later reported the incident to police. It was additionally famous in courtroom that the complainant had bruising on her internal thighs from the sexual assault.

‘Complainant is credible’

Coleman’s lawyer Conor Mullin identified discrepancies within the girl’s testimony at trial in comparison with testimony given at a preliminary inquiry by way of a number of the particulars and chronology of occasions that night. Clements accepted that there have been “comparatively minor” discrepancies; nonetheless, the lady’s testimony with the core allegations was clear and per different proof and never embellished or exaggerated.

“I conclude the proof of the complainant is credible and dependable,” Clements added.

Coleman additionally testified on the trial and denied the allegations. He mentioned the sexual exercise was consensual. Coleman additionally recommended that the allegations had been fabricated by the complainant due to the destructive means he handled her in junior highschool. Coleman additionally mentioned a cause he did not commit the sexual assault was his gang ties to the Loopy Dragons and its code prohibiting violence towards ladies. Coleman mentioned previous cases of violating that code resulted in him getting crushed up.

Legal document

Crown lawyer Jeff MacDonald mentioned a motive for Coleman to manufacture his story was to keep away from bodily retribution from the gang for violating the code. Coleman’s prolonged legal document contains offences in P.E.I. and in Winnipeg and Brandon (Manitoba). MacDonald requested Coleman about two prior convictions in P.E.I. involving violence towards ladies. Coleman defined that he solely harmed ladies who did not respect themselves, equivalent to slapping a intercourse employee for stealing medicine from him in one of many offences. However within the sexual assault matter, he would not have harmed the complainant as a result of she revered herself, mentioned Coleman.

After listening to the decide’s responsible resolution on Nov. 2, Coleman mentioned he was keen to take a polygraph check to show he wasn’t mendacity.

Adjourned to Jan. 19

Clements adjourned the issues to Jan. 19 for a sentencing listening to. She granted Mullin’s request for a Gladue report discussing Coleman’s background historical past and private circumstances as an Indigenous offender to help the courtroom.

Coleman is at the moment being held on the Provincial Correctional Centre whereas his issues are earlier than the courtroom.

Terrence McEachern is a justice reporter with SaltWire in Prince Edward Island. He may be reached by e mail at [email protected] and may be adopted on X @terry_mcn.