Alexander First Nation chief Kurt Burnstick was acquitted of sexual assault in a St. Albert court Wednesday.
Burnstick was charged with one count of sexual assault last March.
Justice Clifton Purvis said the evidence presented by the Crown was simply insufficient to convict. Although Purvis did tell the court multiple times that he did not believe the accused's testimony.
Two witnesses spoke in the courtroom Wednesday: the complainant and the accused. They both shared different versions of an incident that occurred Oct. 28, 2015 in chief Burnstick's office.
According to the complainant, Burnstick asked her to meet in his office. In his office the two talked and hugged.
After the hug, Burnstick allegedly sat down and grabbed the complainant’s hands to pull her closer to him. He then grabbed her butt and slapped it a few times.
The complainant alleged Burnstick harassed her for years, incessantly texting her and suggesting going away for the weekend to “relax.” She believed this to imply wanting to have sex and ignored his advances.
Burnstick, who took the stand in his defence, said the complainant initiated the interaction on Oct. 28, 2015. He testified that a hug did occur, but that he did not grab, slap or tap the complainant's butt.
He also testified that the texts sent to the complainant were due to his concern for her well-being. He said as a friend and chief of the First Nation, he was looking out for her because he knew she had financial difficulties.
Burnstick sat shoulder to shoulder in the court room with his wife Marsha Burnstick, whom he married in 2014.
He was in tears at the end of the trial and declined to comment at that time.
When announcing his decision, Purvis told the court that although it was clear Burnstick was trying to pursue a relationship with the complainant, sexual or otherwise, he questioned the reliability of the Crown’s evidence.
The complainant omitted certain details of her testimony when initially filing her statement in January 2016.
“While I think he’s probably guilty, that’s not good enough,” said Purvis.
Burnstick faces another two sexual assault charges and a break and enter charge in relation to an incident more than 30 years ago.
The first count of sexual assault allegedly was between July 1 and Aug. 30, 1985. The second count of sexual assault allegedly was between Sept. 1 and Sept. 30, 1985; the same date as the break and enter.
He is expected to enter a plea on these charges in the Morinville Provincial Court on Jan. 20.
