Kingston – Michael Ross Burnett is seen leaving the Frontenac County Courthouse after brief closing submissions were heard in his trial for sexual assault, causing bodily harm and forcible confinement.
The charges stemming from an alleged attack in an old barn on Wolfe Island in December of 2015.
The victim, who cannot be named due to a publication ban, testified that she met her attacker at Ryandale Shelter and she agreed to go over to the island with him, where the two shared a bottle of vodka.
Then things took a violent turn.
The victim says she was intoxicated when she was beaten and raped by her attacker.
In her closing submissions crown attorney Janet O’Brien recounted just how vicious the attack was.
“She was suffocated until she agreed with a nod that she would stop screaming.” Janet O’Brien, Crown Attorney
Explaining to the trial judge that the victim’s account of what happened has remained consistent and DNA evidence backs up the allegations.
The 35-year-old woman was held captive for two days — one of which she spent alone scared to leave the confines of the barn.
The defence lawyer for the accused brought into question the reason why the woman didn’t leave earlier.
“She didn’t try to go for help.” Linda Christie, Defence Lawyer
But the judge quickly explained that through earlier testimony the victim told the court Burnett told her not to leave and that she feared he may have been outside. But since the accused chose not to testify his version of the events can’t be considered.
“You’re not asking me to pull evidence out of the air are you?” Justice Wolfram Tausendfreund
The victim was being held less than 150 metres from the Wolfe Island ferry lineup, where she was
The judge will deliver his decision tomorrow morning — Burnett has pleaded not guilty and is currently being held in custody.