Maj.-Gen. Dany Fortin says he never had physical contact with woman he's accused of assaulting - Action News
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Maj.-Gen. Dany Fortin says he never had physical contact with woman he's accused of assaulting

Maj.-Gen. Dany Fortin said Tuesday that he is not guilty of sexual assault and never had any physical contact with a woman who made detailed allegations against him in court this week.

Fortin's lawyer has alleged inconsistencies in the complainant's testimony

Maj.-Gen. Dany Fortin, right, arrives with his wife Madeleine Collin at a Gatineau, Que. courthouse for the second day of his trial on Tuesday, Sept. 20, 2022. (Spencer Colby/The Canadian Press)

WARNING: This article contains graphic content and may affect those who have experienced sexual violence or know someone affected by it.

Maj.-Gen. Dany Fortin said Tuesday that he is not guilty of sexual assault and never had any physical contact with a woman who made detailed allegations against him in court this week.

Speaking in French on the second day of his trial, Fortin told a Gatineau, Que., courtroom that he was shocked and devastated to learn of what he called the "false allegations" that destroyed his reputation.

Fortin was the military officer in charge of the federal government's COVID-19 vaccine campaign. He was removed from the position in May 2021 and charged with one count of sexual assault three months later.

His defence lawyer, Isabel Schurman, has argued that the complainant incorrectly identified Fortin.

Fortin testified that everyone had to sleep with their bedroom doors unlocked in the barracks for fire safety reasons and that he never entered the woman's room.

But during testimony in court Tuesday, the woman at the centre ofFortin'strialtold court she is certain thehigh-profile military commanderis the one who assaulted her in 1988.

The woman told court that whileshe can't recallwhether herattacker spoke during the alleged assault, she is certain of his identity.

"I can assure you without a doubt that it was Dany Fortin standing over me masturbating himself with my hand," the complainant testified Tuesday.

"I looked at him. I knew that man. I spent 18 months with him being around day in and day out,and so there may be some slight variances, but there are no variances in that."

Fortin denies allegations

Schurman has argued there are inconsistencies betweenthe woman's interviews with investigators and her testimony in court.

Fortin was charged in 2021 with one count of sexual assault tied to an incident alleged to have happened more than three decades ago when he was a cadet at the Royal Military Collegein Saint-Jean-sur-Richelieu, Que.

Fortin wore his military uniform and his medals for his civilian criminal trial, whichstarted Monday at the Gatineau courthouse in Quebec. His wife and daughter walked into the courthouse with Fortin and sat in the front row.

The court has issued a publication ban onany details that could identify the complainant.

The complainant testified that she woke up in her bed inbarracks in 1988to find Fortin holding her hand on his genitals and using it to masturbate.

The woman said Fortin had his other hand on her breasts. She said thatwhen she tried to pull her hand away, hedid notstop initiallyand tightened his grip.

The complainant testifiedthat she was "horrified" and pushed him away, saying "get off me, get away." Fortin then pulled up his pants and left her room, she said.

The womantestified on Monday that Fortin never spoke during the alleged assault. On Tuesday,Schurman asked why the complainant told an investigator last year that she recognized Fortin's voice and his French accent during the incident.

Defence claims conflicting testimony

The defence on Monday citedstatements the complainant made in an earlier interview allegingthe assailant moved to touch her vagina before she pushed him away. The complainant testified Monday that the statement wasn't accurate and she was under stressduring thatinterview.

The complaint said she has recurring visions of the alleged attack and Fortin "masturbating himself with my hand" over her. She saidshe doesn't "100 per cent" remember what he did beyond the masturbation because she was 'in shock and in panic."

"When you come into court and you're asked to take an oath, you have to be 100 per cent sure," said the woman.

"I know he has fondled me. When you want to know the exact details, I cannot tell you 100 per cent where his hand was as I am in shock, and I am in panic, and I don't know what he's going to do to me beyond the masturbation I don't know if his intent is to rapeme ..."

A court sketch of a man in a military uniform, sitting in a chair.
A court sketch of Maj.-Gen. Dany Fortin on day one of his sexual assault trial in Gatineau, Que., on Sept. 19, 2022. (Lauren Foster-MacLeod/CBC)

The complainanttestified Monday that she told her boyfriendabout the alleged incident. Her ex testified that he didn't recall that conversation.He said he didn't recall knowledge of sexual assaults of a criminal nature, but said he witnessed discussions and an environment that could be described as one of"sexual misconduct."

The complainant also testified on Monday that she believed her roommate was in the room during the assault and could have been a witness and that she later asked her roommate, without offering specifics, whether she had seen or heard something.

The roommate testified there was a divider across theirroom in the barracks so she wouldn't have been able to see her neighbour'sbed. The roommate also said she didn't hear anything and was a heavy sleeper and constantly tired because of the physical toll the cadet program took on her.

'A lot of inappropriate behaviour'

The former roommate, meanwhile,said her time at military college was not a positive experience and she "wanted to quit every day I was there."

"You were exposed to a lot of behaviours that were probably not appropriate," said the roommate, addingthere were "a lot of parties" there.

"Wewere teenagers. Most of couldn't drink in most provinces. We were pushed to our personal limits ... intellectual, emotionally, physically, sexually. A lot of people probably never experienced things like that.I think there was a lot of inappropriate behaviourin all facets and most people just want to fit in."

A senior member of the complainant's chain of command wascalled to the standTuesday and confirmed that the complainant reported the assault to him in early 2021.

The case is back in court on Oct. 24.

Fortin is also challenging his removal from the vaccine campaign in Federal Court. Thatappeal is scheduled to be heard on Oct. 5.

WATCH | Military commander says 'false accusations' have destroyed his reputation:

Maj.-Gen. Dany Fortin denies sexual assault allegations at Day 2 of trial

2 years ago
Duration 1:26
On the second day of the sexual assault trial for Maj.-Gen. Dany Fortin, the former head of the federal government's COVID-19 vaccine campaign testified that he is not guilty and denied having any physical or sexual contact with the woman who made detailed allegations against him.

Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through thisGovernment of Canada websiteor theEnding Violence Association of Canada database. If you're in immediate danger or fear for your safety or that of others around you, please call 911.

With files from the Canadian Press