SARNIA, Ont. — An Ontario judge at the trial of a former high-ranking gymnastics coach accused of sexual assault says she'll allow into evidence a police interview in which he apologizes for "crossing the line."
The admissibility of the clip was called into question after court heard that the officer interviewing Dave Brubaker is related to the complainant in the case.
Brubaker has pleaded not guilty to one count of sexual assault and one count of invitation to sexual touching at the judge-alone trial in Sarnia, Ont.
In the interview, he maintains he had no sexual intent in his relationship with the complainant, who alleges Brubaker would kiss her on the lips to say hello and goodbye starting when she was 12 years old, and sometimes touched her inappropriately during sports massages.
Justice Deborah Austin says the interview is admissible and that she will exercise a degree of caution in considering the evidence.
She also notes that the interviewing officer, who didn't tell Brubaker he was related to the complainant, did not ask clear and direct questions.
