Accused rapist in 22-year-old cold case trial testifies sex was consensual

The man accused of raping a Calgary woman 22 years ago said his DNA was found inside the victim because the two had consensual sex before she was kidnapped and sexually assaulted.

Wayne Bernard, 55, is on trial on charges of sexual assault with a weapon, kidnapping and robbery.On Monday, defence lawyer Rebecca Snukal called Bernard to testify in his own defence.

• 22 years after rape, victim's handwritten account read aloud at trial

The alleged victim,Maureennot her real name, a publication ban protects her identity died of cancer a decade ago at the age of 63 without ever seeing chargeslaid.

"How did your DNA get into [Maureen's] vagina?" askedSnukalin her first question to the accused.

"We had sexualintercourse," Bernard replied, prompting members of Maureen's family who were sitting in the gallery to shake their heads.

Bernard said the two worked in the same downtown strip of shops and they got to know each other during cigarette breaks when both were working at night.

He was living at the St. Louis Hotelat the time because it was close to his job at Uptown Locksmith which was in the same strip of shops as Let's Do Lunch, the catering company where Maureen worked.

'You shouldn't feel guilty'

On the night of March 28, 1995, Bernard said thatafter flirting during a smoke break, he was invited to return later in the night.

"I took it to understand we were going to have sex," said Bernard.

The pair had sex in Maureen's van, according to Bernard.Afterwards, she felt guilty, he said.

"I told her: 'don't, I don't feel guilty, you shouldn't feel guilty,'" said Bernard. "She was upset, so I left."

Bernard said he walked home and when he returned to work in the morning, the area was taped off by police.He said he needed to get to his work van and police let him in the contained area after taking down his personal information.

The rumour among the neighbouring businesses, said Bernard, was that Let's Do Lunchhad been robbed. He said he believed his locksmith shop sent a card.

Maureen'shandwritten account

In herhandwritten statement to police after she was raped, Maureen wrote that herattacker asked that he be called "Rafael," had a french accent and referred to her as"you Canadians."

Bernard said he was born in Canada, does not speak French andnever asked Maureento refer to him as "Rafael."

Maureen told police she'd been working alone at Let's Do Lunch where she waspreparing food at night for the next day. The night she was raped, Maureen wrote that she heard banging at the back door.

After opening the door, Maureen wrote that astranger shoved his way inside, had her dump out her purse and then took Maureen's van keys before forcing her in the back of the vehicle. He drove to the outskirts of town and raped her.

Police interact with Bernard at crime scene

Maureentold investigatorsshe was then forced out of the van and ran to the roadside for help, waiving down two passersby who picked up the frantic woman, drove her home and called police.

Bernard saidhe is not the one who forced Maureen into the van that night, that their sex were consensual and that the two were "friends."

After the incident in March 1995, Bernard said hecontinued to work as alocksmith and still bought food from Let's Do Lunch.

In her cross-examination, prosecutor PamMcCluskeysuggested it was very unlikelyMaureenwould go outside for a smoke in the rough neighbourhood when she was allowed to smoke inside her shop.

Bernard arrested 20 years later

The first police investigation didn't result in any charges and the case wentcold. Itwasn't until acoldcase detective took another look at the evidence andsent some of the items fromMaureen'scase to the lab for testing.

Ultimately, DNA from Maureen's rape kit came back matching Bernard. There was also a DNA hit from an unused condom found in her van.

Bernardwas arrested in 2015 while living in Ontario and has been in custody since.

On Tuesday Crown and defence lawyers will make their final arguments. Jurors will then receive their final instructions on the law before being sequestered until a verdict is reached.

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