A Hamilton police officer’s lawyer attacks complainant’s credibility in sexual assault case; trial continues in Burlington with closing arguments in July.
Constable’s Trial Nears Final Stage
The sexual assault trial of Hamilton police constable Jeffery Turnbull resumed this week in Burlington, where his defense lawyer used closing arguments to cast doubt on the credibility of the complainant, a fellow officer. Turnbull, 40, is accused of sexually assaulting the woman at his home in March 2022 and has pleaded not guilty.
Defense Disputes Witness Testimony
On Wednesday, defense lawyer Joanne Mulcahy argued that the woman’s account contains inconsistencies with police records and lacks reliability. She pointed to gaps in memory, reliance on her past statements during questioning, and contradictions involving work assignments and dates. Mulcahy claimed the woman introduced new details over time and provided only selected text messages to investigators.
Relationship Details Scrutinized
The court heard conflicting portrayals of the relationship. Both parties agree they had sex at Turnbull’s residence while his children were upstairs and his wife was away. The woman claims it was not consensual and says she felt unable to resist due to a back injury. Turnbull’s lawyer, however, cited Snapchat messages suggesting mutual interest and alleged the woman was engaged in a consensual affair she later mischaracterized.
Location Change and Timeline
Originally held in Hamilton, the trial was moved to Burlington to expedite proceedings. It began earlier this year with intermittent hearings. The complainant, whose identity is protected by a publication ban, was present in court alongside her fiancé and supporters. At times, she left the courtroom during intense segments of Mulcahy’s arguments.
Events Leading to the Allegation
The complainant testified that she visited Turnbull’s home after he sent a concerning message about suicide—something not mentioned in her initial interviews. The defense challenged this timeline and noted she participated in rigorous police training shortly after the alleged incident, questioning the claim of physical incapacity due to a back injury.
Next Steps in the Courtroom
Mulcahy emphasized the legal threshold of proof beyond a reasonable doubt, urging acquittal if the court finds the complainant’s account unconvincing. “There are significant concerns regarding [her] credibility,” she told Justice Jennifer Marie Campitelli. Final defense submissions are scheduled for July 14, with Crown attorney Jason Nicol to follow.
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