Judge 'does not believe' Robin Wortman but acquits him of raping homeless teen anyway
Even though the judge said she did not believe him, Robin Wortman has been acquitted of sexual assault after a vulnerable teen testified at trial that he'd been raped by the former Calgary Homeless Foundation board member.
Provincial court Judge Heather Lamoureux was reluctant to acquit, and even signaled civil legal action could be a more successful option for the complainant based on a lower standard of proof.
"The court does not believe Mr. Wortman," she said in her decision.
In November 2016, Wortman, 62, lived in an apartment across from Avenue 15, a shelter for homeless youth. During that month, the alleged victim — who can't be named because of a publication ban on his identity — testified he was in Wortman's apartment twice. On both occasions, the teenager said Wortman supplied the him and three other young people with drugs.
On the first occasion, the teen said he suspected he'd been drugged and raped by Wortman after blacking out and when waking up to pain in his "anal region." Five days later, the teen returned to Wortman's apartment building, where he says he was choked from behind and sexually assaulted.
Wortman had 2 different personas
Wortman testified in his own defence at trial, admitting to doing crystal meth with teens who were 45 years younger than him but said he did not rape the complainant.
The "date rape drug" GHB was found by police in Wortman's apartment during an investigation in March 2017 but based on the reliability of the complainant's memory and contradictions in his evidence, Lamoureux said she had to acquit.
"The fact that he saw no difficulty in consumption of crystal meth with addicted, disadvantage young persons, is astonishing," said Lamoureux.
The judge found Wortman had two different personas: the public one of a successful, well educated businessman and political advisor, and the private one involving behaviours that "compromised the health and well-being of drug-addicted homeless young persons in his company."
'Judge was not very happy having to do her job'
Defence lawyer Andre Ouellette said the judge appeared to be "overly sympathetic" to the complainant.
"I think it was very clear from the tenor of her decision that she's not very happy to do what she had to do, which was to acquit," said Ouellette.
"I'm a bit disappointed that the judge was not very happy having to do her job."
Wortman faces nine other charges, including making, distributing, possessing and accessing child pornography. A date for that trial has not yet been set.
Prosecutor Shane Parker says the Crown has no plans to appeal Lamoureux's decision.
"I thought it was a thorough and well-reasoned decision and the judge showed the complainant the utmost respect and decency," said Parker.
Lamoureux said the burden on the prosecution to prove beyond a reasonable doubt is heavy but necessary as a protection against wrongful convictions, which means sometimes a guilty person will be acquitted as an "unavoidable consequence of ensuring that innocent people are never convicted."
