Sex assault conviction overturned, new trial ordered

Nov 17, 2023 | 4:40 PM

A Coldstream resident found guilty of sexual assault last year, has had the conviction overturned by the B.C. Court of Appeal and will get a new trial.

Keith Chase, who is a Vernon business owner, was successful in appealing his 2022 BC Supreme Court conviction involving a female who was 16 years old at the time in 2004.

Chase was the girl’s hockey coach and a friend of her family at the time.

“On appeal, the central question is whether the judge impermissibly relied on the complainant’s prior consistent statements to her parents when she disclosed the events to them in 2008, and if so, whether the curative proviso can be used to uphold the conviction,” the B.C. Appeal Court ruling said.

The appeal court said Chase argued that the trial judge [Gary Weatherill] erred in admitting the content of the complainant’s prior consistent statement to her parents in which she disclosed the alleged assault, and in relying on that statement for the truth of its contents.

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Chase also claimed the judge erred by misapplying the legal principles applicable to the assessment of adult witnesses testifying to events that occurred in childhood in discounting the inconsistencies arising from the complainant’s evidence.

Here is the ruling issued by Madam Justice Fenlon and two other members of the B.C. Court of Appeal:

“The [Supreme Court] judge relied on the content of the complainant’s prior consistent statement to her parents in finding the complainant’s evidence to be credible and reliable. The content of the statement should not have been admitted, and the judge made a clear error of law in relying on it to corroborate the complainant’s testimony.

“For the reasons above, I would allow the appeal, set aside the conviction, and order a new trial,” Madam Justice Fenlon concluded.

After his conviction, Chase, 56, was sentenced to 23 months in prison in October 2022, but never had to serve the time as he issued notice of appeal soon after.

Chase previously coached a number of Greater Vernon minor hockey teams, and also served as assistant coach of the Vernon Lakers, and was a former player with the junior hockey team.

Vernon Matters has reached out to the BC Prosecution Service for details on when the issue could return to BC Supreme Court to set a new trial date.

To read the court ruling, click here.

by Pete McIntyre

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