The jury has begun deliberations in Lyle Howe’s sexual assault trial in Halifax.
The Halifax defence lawyer is accused of drugging and sexually assaulting a 19-year-old woman in March 2011. Howe, 29, has pleaded not guilty to both charges.
During the trial, court heard that Howe met up with the woman at a bar and then at his law offices, followed by her apartment.
The woman testified that she doesn’t remember much from the night of the alleged assault. She told the court she awoke the next morning feeling sore, and suspected that she had been drugged and sexually assaulted.
Howe admitted to engaging in sexual activity with the complainant, but said she was a willing participant and told the court she wasn’t impaired.
“As you can imagine, he’s quite anxious as to what the jury is going to do,” said Howe’s lawyer, Mike Taylor, on Friday.
Chief Justice Joseph Kennedy instructed the jury Friday morning, clarifying what each charge means and recalling testimony from both Howe and the complainant.
Taylor and the judge have both commented that the jury has been attentive and engaged throughout the 16-day trial.
“It’s not something you find with every jury in a lengthy trial,” said Taylor. “There are times at which you begin to be concerned about one or two or even three particular jurors. We try to keep a close eye on that as well, but they seem to be fully engaged all the way through.”
The jury is required to deliver a verdict of guilty or not guilty on two separate charges – sexual assault and administering a stupefying substance.
The Crown said administering a stupefying substance is a much less common charge than sexual assault.
“It’s a newer offence, and I can’t tell you when it came into effect, but I can tell you there hasn’t been as much case law in the past that’s dealt with that as compared to sexual assault,” said Crown attorney Darcy MacPherson.
Before deliberations, Kennedy reminded the jurors to use common sense, to ignore media reports, and to focus on the evidence and witness testimony.
“The entire trial, as far as the Crown is concerned, has unfolded well,” said MacPherson. “We’re comfortable with how it’s been presented, generally, to the jury, and we recognize it’s now out of our hands.”
Kennedy reminded the jury that, in order to convict Howe on both charges, the Crown must have proved its case beyond a reasonable doubt.
The jury will reconvene Saturday morning if a verdict is not reached Friday.
With files from CTV Atlantic's Amanda Debison