Bobbitt hearing continues

Photo: Contributed

File photo: David Bobbitt arrives at the Penticton courthouse for his dangerous offender hearing in June 2014.

The dangerous offender hearing for David Bobbitt continued in Kelowna Supreme Court Wednesday with submissions regarding Bobbitt's alleged involvement in a 2007 assault.

In April 2013, Bobbitt pleaded guilty to seven counts including attempted murder, aggravated assault and unlawful confinement or imprisonment related to a violent assault at Dave’s Second Hand Store in Penticton.

The court heard Wednesday that in 2007, a woman claimed Bobbitt sexually assaulted her in Penticton. However, charges were not laid and he was not convicted. 

Now, Crown counsel is trying to prove beyond a reasonable doubt that Bobbitt was involved. 

If the Crown is successful, it would have weight in determining whether Bobbitt is a dangerous offender. That, in turn, will affect his sentencing in the 2011 sexual assault. 

If Crown proves beyond a reasonable doubt Bobbitt was involved in the 2007 matter, it would not bring any new sentencing.

At the time the woman made the allegations, her credibility was called into question as she had made claims against another man that were determined to be unfounded. 

Crown counsel Nashina Devji said, since then, RCMP have testified there are many reasons an allegation could be unfounded.

Devji said RCMP Cpl. Dan Moskaluk testified that allegations could be considered unfounded if the complainant became unco-operative; but unfounded doesn't mean the allegations are false.

Counsel for the defence said the Crown is trying to establish a pattern of behaviour for Bobbitt that is not based on formal charges or a conviction. 

The morning session ended when Crown disputed the defence's use of evidence and the matter was put over until the afternoon, when final arguments were expected to begin. 

The hearing is scheduled until Friday of this week, but defence counsel James Pennington said he did not expect arguments to take that long.