Windsor Spitfires' forward Ben Johnson (left) leaves the courthouse in downtown Windsor after a bail hearing this morning, March 19, 2013.Windsor Spitfires' forward Ben Johnson (left) leaves the courthouse in downtown Windsor after a bail hearing this morning, March 19, 2013.
Chatham

Ex-Spitfire Sexual Assault Case

Final submissions are complete in the case of a former Windsor Spitfire accused of sexual assault and it's now in the hands of a judge.

Ben Johnson's defence lawyer spent much of Thursday pointing out inconsistencies in testimony of witnesses and the alleged victim.

Both sides agree the alleged incident took place in January 2013 at the Krooked Kilt.

The alleged victim's alcohol consumption was called into question by the defence, displaying her "reliability." The defence also points out inconsistencies in her story regarding how many stalls were in the bathroom, what details the alleged victim remembers about Johnson and whether she was in the stall by herself or with a friend.

The defence also argued the alleged victim had motive to fabricate because Johnson called the girls vulgar names, which may have offended and angered the women. This gives the women some motive to "get back at him," the defence argues.

However the Crown questions why Johnson would reach out to the alleged victim's brother on Facebook. They believe it wasn't to apologize, but rather to figure out what he knew and if it was going to be pursued. The Crown also wonders why Johnson didn't tell family or friends about the alleged victim's brother punching him in the face.

Johnson was also accused of having selective memory. The Crown says Johnson remembers things they wouldn't expect, but doesn't remember things they would expect.

The judge is expected to render a decision on October 30.

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