A former server at a Penticton coffee shop/store said, Wednesday in a Penticton courtroom, that she recalled seeing a distraught woman come in to the store, with a man not far behind, back in February, 2007.
Marilyn Buchanan provided the testimony during the ongoing dangerous offender hearing for David Bobbitt. So far, the hearing has focused on an alleged sexual assault in 2007 and an assault in 2011, which Bobbitt has pleaded guilty to.
Buchanan said the woman entered Aloha Charlie's between 11 a.m. and noon on Feb. 25, 2007. At the time, she testified, her face was red, her eyes were puffy, she had tears in her eyes, her hair was a mess and she appeared really stressed, or distressed.
A man also came in right behind her, and stood with two dogs on a leash just inside the store.
Buchanan was back behind the counter and the woman came over to her and started talking to her.
She wanted to buy cigarettes, Buchanan recalled, but she was also whispering to her.
The woman was whispering so quietly, she could hardly hear her, but when she asked her to repeat what she was saying, the first word she caught was the word rape.
When Buchanan then asked if the woman was raped, she nodded yes. When she further questioned if it was by the man that came in with her, she again nodded yes.
The woman was trembling, was very shaky and seemed very afraid, she said.
During their discussion, the customer asked if Buchanan would call 911. The server hesitated, because of where the phone was situated the man would have heard.
The man was also trying to coax the woman to leave, and she was saying, no.
The customer then asked the witness if she would call for a taxi. She recalled the man saying, that none of them would accept a fare from her because of problems in the past.
The cab did arrive, so the witness wasn't sure if what he said was true or not. He came across as kind of cocky, she recalled.
Buchanan said she was was tense, nervous, when this was going on, because the woman had claimed he had raped her, making Buchanan think he was capable of violence.
She did not recall any other injuries to the woman, she mostly just focused on the tears on her face.
Defence lawyer James Pennington said to the witness this was not the first time the woman had come in disturbed. To which the witness responded, "that's right."
There was a previous time, she said, when she came in having an anxiety attack and asked her to call for a taxi.
However on that occasion, she was not as stressed out as she was on Feb. 25. The anxiety attack was just trouble breathing, the witness said.
Earlier in the day, Cpl. Dan Moskaluk took the witness stand. Moskaluk told the court he was the watch commander at the Penticton detachment on Feb. 26, 2007.
At around 10 a.m. that day, he said, he got a call from an officer with the Oliver detachment that the complainant, an alleged sexual assault victim, was being transported to Penticton.
The first time he saw her, she looked distraught, vacant and upset, he testified. In addition, there was bruising to her face and marks on her neck.
Moskaluk said he also recognized the woman from a previous domestic incident.
He tasked another officer to take her statement, with his role being to monitor the interview and take notes.
Moskaluk was further involved along with others in an execution of a search warrant at Bobbitt's property.
His observations at the time were it was a small travel trailer, very small quarters with a double bed at one end. There was some blood splattering on the vinyl floor and the room appeared to be in an untidy condition.
On top of a TV was a digital recording device. He further recalled finding buttons that were missing from a white shirt the woman was said to be wearing at the time of the alleged incident.
Later in the morning, defence asked Moskaluk why crown didn't approve charges from this particular incident. Crown objected and said that information was privileged; this led to arguments on the matter in the early afternoon.
Those arguments are expected to continue on Friday, Sept. 12, with Moskaluk being asked to come back.
Although no charges were laid in the 2007 incident, Bobbitt was charged with a violent assault on a young woman at Dave's Second Hand Store in Penticton in 2011. Her toddler was found unharmed nearby.
He pleaded guilty to the counts he was facing from the 2011 incident, in April of 2013.
The hearing is expected to resume this Friday, and continue into next week.