Alexander First Nation chief Kurt Burnstick was acquitted of sexual assault in a St. Albert court last Wednesday, despite the judge stating he did not believe his testimony.
Burnstick was charged with one count of sexual assault last March.
Two witnesses spoke in the courtroom last Wednesday: the complainant and the accused. They both shared different versions of an incident that occurred Oct. 28, 2015 in chief Burnstick's office.
The complainant, whose identity is protected by a publication ban, said Burnstick asked to see her in his office. When she arrived he asked her to close the door.
The complainant said Burnstick then asked her for a hug and she obliged. After the hug, he allegedly grabbed her butt and slapped it a few times without consent.
In her testimony the complainant described a pattern of harassment. She said Burnstick texted her incessantly, asking her to meet or to go away for the weekend to “relax.” She took this to mean have sex with him and ignored his advances.
Burnstick, who took the stand in his defense, told the court that the complainant asked to speak to him on Oct. 28 and he suggested his office. He testified that a hug did occur, but that he did not grab, slap or tap the complainant's butt.
He also told the court that he had been texting the complainant out of concern for a friend and band member, as he knew she was experiencing financial difficulties.
Judge Clifton Purvis said he did not believe Burnstick’s testimony. While he told the court it was clear the chief was trying to pursue a relationship with the complainant, sexual or otherwise, he said the Crown did not present enough evidence to convict.
Purvis questioned the reliability of the complainant’s testimony. She 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,” Purvis said in his decision.
Burnstick faces another two sexual assault charges and a break and enter charge in relation to an incident more than 30 years ago. He is expected to enter a plea on these charges in the Morinville Provincial Court on Jan. 20.
