Mistrial declared in first sexual assault trial of former Woodstock Mayor Trevor Birtch

Inadequate disclosure of evidence by the Crown impacted the ability of 49-year-old former Woodstock Mayor Trevor Birtch to mount a full defense against charges of assault and sexual assault during his first trial earlier this year.

In his ruling, Superior Court Justice Michael Carnegie determined that a breach of Section 7 of the Charter of Rights and Freedoms left no other redress than to declare a mistrial.

On August 8, 2024, Birtch was found guilty of assault and sexual assault of a former girlfriend.

However, as his defense lawyer James Battin prepared for a second sexual assault trial involving a different woman, he discovered an audio recording of a witness statement that could be relevant to the credibility of the first trial’s complainant.

Carnagie added that the witness could have been called to testify at the first trial if Battin had been aware of the audio statement.

The audio recording was not disclosed until more than 8 months after the acquaintance of Birtch and the complainant was interviewed, and it was only included in the Crown’s file for the second trial.

“Disclosure is the Crown’s obligation,” stated Justice Carnagie.

The witness statement was a part of evidence in the second trial.

A verdict in the second trial has been delayed pending a decision about the application for a mistrial regarding the first trial.

Lawyers will make submissions to Justice Carnagie about how to proceed with a new trial on January 28, 2025.

The identities of the complainants are protected by a publication ban.