Blake admits guilt on some charges

Defence questions witness on information omitted from police statement

At the second day of trial for a man accused of violent crimes against his former girlfriend, his defence lawyer questioned the woman on information she hadn't told police, or even the Crown prosecutor.

Tim Blake, 28, is facing 20 charges related to incidents said to have happened earlier this year. On Thursday he acknowledged he was guilty of some of them — driving while prohibited, dangerous driving, flight from police and breaching court orders — but maintained his not guilty plea when it came to allegations that he assaulted, assaulted with a weapon, forcibly confined, threatened and choked the woman, and broke into her home with the intention to commit a crime.

The complainant, 37, took the witness stand on Wednesday and said she and Blake had been dating for a few months when they began arguing at her home on March 8, while Blake's friend was present.

The woman said Blake grabbed her face, then followed her to the bathroom, where he threw a container of yogurt or whipped cream at her.

She slipped on it as she tried to get away, she said, and Blake pushed her back to the floor when she managed to get up, knocking the wind out of her.

The woman said she got back up and went to the living room, where Blake grabbed her by the neck with both hands and choked her. She heard Blake’s friend call out and tell him, “That’s enough, let’s go.” The friend then went out to the car, she said.

“I was afraid that he wasn’t going to let go,” the woman testified, holding back tears. “I was hoping he’d leave with (his friend) for his methadone appointment.”

The woman said she went to the porch to put on her boots and leave the house, but Blake closed the door each time she opened it, telling her she wasn’t going and threatening to cut off her legs. When he left to answer his ringing phone, the woman said, she ran outside and down the street, approaching a neighbour and asking her to call police.

On Thursday, defence lawyer Tim O’brien pointed out there had been no marks on the woman’s neck, and asked her why she hadn’t left through the back door if Blake had been blocking her from leaving through the front.

He asked the woman if she had assaulted Blake.

She said she had not.

She was unable to answer O’brien’s questions about what words were exchanged during the argument, explaining she couldn’t remember.

“I’m going to put it to you that the reason why you’re having difficulty remembering what was said, the timelines and things like that, is because there never was any physicality by Mr. Brake,” O’brien said. “You slapped him, he scratched you in the bedroom, your argument continued and then you both left the house.”

“No. No, that did not happen,” the woman replied.

The woman also testified Blake came over to her place in the following weeks, and they had plans to use cocaine. When he arrived, he asked her to write a letter saying she had made up the March 8 attack because she had been intoxicated and hadn’t known what she was doing.

“I didn’t want to because I would have been lying. I didn’t write the letter,” she testified.

The woman said she later moved to a different neighbourhood and was getting out of bed on the morning of May 4 when she heard Blake knocking on her front door and calling out angrily for her to let him in. When she refused, he went to the back door and tried to open it, then returned to the front, telling her that he would call people to come and “finish her off.” The woman said she called her cousin, who called police.

“I was walking down my hallway and as soon as I took the turn in front of the kitchen, he was in front of me. I don’t know how he got there, I never saw him come in,” the woman told the court. “He grabbed me by my hand and tried to bend my fingers backward. He also grabbed me by the mouth and pressed hard with his two fingers.”

“What were you feeling?” prosecutor Richard Deveau asked.

“I felt weak, helpless. Fear,” the woman said, blinking back tears.

On cross-examination by O’brien, the complainant acknowledged Blake was on the lease at her new residence — though steps had been taken to have him removed — and he had spent the night of May 3 there. He had left early in the morning and it was when he returned that she had refused to let him in, she said.

The woman admitted she hadn’t told that to the police in her statement later in the morning, or mentioned it to Deveau before the trial.

“You just forgot that he was at your house five hours earlier?” O’brien asked.

“No, I didn’t forget. I just never mentioned it. And it wasn’t intentional, I just never mentioned it,” the woman answered.

“I’m going to suggest to you that the reason why you didn’t bring any of this up to police about the things that had gone on the night prior, the reason why you have spotty recollection about timing and things like that, is that you and Mr. Blake were back in a relationship, you were arguing, you were concerned child protection (officials) were going to find out and things would get worse for you, so you made this up and called police. You were being deceptive and hoping to sweep this under the rug so they wouldn’t take issue in family court with you being with each other,” O’brien said.

“Absolutely not,” the complainant replied.

Sitting in the dock during the woman’s time on the stand, Blake often appeared to take issue with her evidence, shaking his head and gesturing his frustration.

At one point, Deveau asked Judge Mike Madden to order Blake to stop reacting to the woman’s statements.

“Mr. Blake, stop reacting,” Madden said.

Blake’s trial will continue today.