New trial ordered for B.C. fire chief convicted of sex assault

The B.C. Court of Appeal has ordered a new trial for a former fire chief convicted of sexual assaulting three volunteer female firefighters.

Now identified in court documents only by his initials, R.H.B., the former fire chief of Fort St James, was convicted in 2015 and sentenced to nine months in jail and two years' probation by B.C. Supreme Court Justice Glen Parrett.

But in a written ruling, the B.C. Court of Appeal has overturned the conviction, citing the trial judge's conduct toward a witness favourable to the defence.

During the original trial, the court heard evidence from three alleged victims and seven other witnesses who had all been members of the Fort St. James Fire Department, 160 kilometres northwest of Prince George.

Now, a year later, the B.C. Court of Appeal has ruled the trial judge "prejudged a witness's material evidence before hearing all the evidence."

'Requires a new trial'

In his ruling, B.C. Court of Appeal Justice John Savage says the trial judge asked the witness "some 50 questions" more than the defence — nearly as many as were asked by the Crown.

The questions included "confronting him with other witnesses' evidence … and seemed crafted to cast doubt on [his] credibility," Savage wrote.

"The judge read the perjury provisions … to a witness favourable to the defence, [and] directed the Crown to advise the RCMP's Major Crimes Division to investigate that witness's evidence.

"In my opinion, a reasonable observer would conclude that his conduct was not reasonably indicative of an open mind, whether or not the judge had an open mind.

"Coming as and when it did, that direction, coupled with the judge's examination of the witness, resulted in a reasonable apprehension of trial unfairness that, in my opinion, requires a new trial," Savage concluded in his ruling.

A new trial date has yet to be set.