Penticton & South Okanagan News
Medical experts testify
The doctor who examined the alleged victim of a sexual assault after the incident, told the court Friday his findings were consistent with such an assault.
Dr John Brinkerhoff saw the woman at Kelowna General Hospital following the alleged incident in 2007. His testimony was given on the fifth day of the David Bobbitt dangerous offender/sentencing hearing in Penticton.
Crown counsel Nashina Devji initially asked Brinkerhoff, a former member of the sexual assault response team, about injuries to the woman's nose and neck.
She stated there appeared to be yellowish and reddish marks on her neck, to which the doctor responded "it's all bruising."
She said there also seems to be a portion that goes up the woman's neck, and asked if that was consistent with a hand, to which the doctor responded "yes, it was consistent."
He said the marks were also more consistent with a hand than a mouth, when asked about the possibility of them being hickeys.
In regards to the genital inspection, the crown suggested there was no severe area of trauma, but some mild swelling could be consistent with forced penetration, to which Brinkerhoff said "yes."
She further asked in terms of forced penetration is there always injury and the doctor said "no."
In terms of a cluster of bruises on the woman's arm, crown asked if those were consistent with being grabbed.
The doctor said that was consistent with fingers, because the bruises were close together.
Defence lawyer James Pennington repeatedly asked the witness if some of the spots and colouring could be older than 24 hours.
He also suggested that the genital examination revealed very little, nothing of significance, to which the doctor said "that is correct."
In terms of the tissue swelling, Pennington asked if these tissues in some females might be more puffy.
The doctor responded, "I would say that is fair to say."
The lawyer further suggested that swelling is not always consistent with forced penetration, with the doctor responding, "yes, could be."
When Brinkerhoff was asked if the alleged victim was a mute patient and you did the very same examination would your opinion be any different, he said "I don't think there would be any difference. It was 56 hours afterward, there had been some passage of time."
On Thursday afternoon, Martha Towers, a nurse at Penticton Regional Hospitial, testified regarding a separate incident that occurred in Penticton in 2011.
According to her testimony, she saw extensive wounds to the victim's head, consistent with violent blunt force, as well as injuries to her hands, wrists and forearms consistent with defending herself.
She stressed this was the worst case she'd seen in her capacity on the sexual assault response team.
Bobbitt gave his side of the story regarding the alleged 2007 incident in a police statement presented earlier in the hearing.
He pleaded guilty last year to the separate incident, which took place in July of 2011, at Dave's Second Hand Store in Penticton.
The hearing will continue at 2 p.m., Monday, with testimony expected from a surgeon from the 2011 incident.
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