Aboriginal woman's charges dropped after racist slur triggers brawl
Assault charges have been dropped against an aboriginal women for a bar-room brawl that was triggered by a racist slur. Desiree Rockhill was acquitted of assault and assault causing bodily harm.
Rockhill said she's relieved. "I wasn't going to plead guilty to something that I felt I wasn't just at fault for. I did admit in trial that I was the one who initiated the shove but from then on it was a mutual fight. But according to the victim, I blatantly for no reason attacked her."
Rockhill testified the fight started in the bathroom. Rockhill's friend accused one of four women of not flushing the toilet. That's when the pair heard someone say “I know how to flush a toilet, you dirty, Native c---.”
Rockhill was shocked by the words, "It was upsetting of course. For someone to bluntly openly say something like that to somebody was ignorant. It was rude. Like, I know it goes on everywhere but it has never been said to me."
Rockhill said she and her friend approached the group of women at the bar. Rockhill testified the victim, Julia Neufeld, stepped forward as the one who made the racist comment.
Judge Cynthia Devine wrote in her decision, "Ms. Neufeld came forward and boldly accepted responsibility for it, and in her words, tone and body language, challenged Ms. Rockhill to fight. In effect, she was saying, “What are you going to do about it'?"
Devine ruled because the fight was consensual, an assault charge couldn't be laid. Devine also said she had difficulty believing the victim's testimony, pointing out Neufeld's story differed from what she told police. Neufeld denied making the racist comment.
"Ms. Neufeld’s evidence that she had just said she flushed the toilet is not plausible in light of Ms. Rockhill’s behaviour and words when she came out of the bathroom. She was not looking for the woman who said she flushed the toilet; she was looking for the woman who made a derogatory, racist slur."
Witnesses said during the fight, name calling and hair-pulling came from both sides. The Crown was seeking the assault causing bodily harm charge because Neufeld now has a permanent bald spot, but Devine ruled the Crown had not proven Rockhill intended to cause serious harm.
Rockhill said she had never been in a fight before but felt she had to stand up against the racist slur. She's happy it's over.
"It's been a long two and a half years and I can finally move forward."
