Judge imprisons Linkie before sentencing

North Bay bus driver Michael Linkie has been imprisoned after being found guilty this morning of two counts of sexual assault.

Linkie had been put on trial after a female complainant who cannot be named due to a court-ordered ban went to police and accused him of having sexually assaulted her in 2001 on the Champlain, North Highway and Hornell bus routes, and also in his motor home.

Justice Paul Rivard delivered a guilty verdict and then sent Linkie immediately to jail after Crown attorney Frances Howe expressed concern about retaliation.

"I have grave concerns for the safety of the complainant,” Howe stated.

Justice Rivard said he saw "no reason" why Linkie's imprisonment "should not start now," which is usually the case with sexual assault charges.

Defense lawyer Andrew Perrin argued that Linkie has been out on bail since he was arrested, and has followed the conditions of his bail.

Perrin asked for Linkie to be allowed to remain out on bail until the sentencing hearing on May 18. Linkie’s sentencing has been delayed for a pre-sentence report.

“He has children, he has a family,” Perrin said.

Howe is seeking a penitentiary sentence of three to five years.

In explaining his verdict, Justice Rivard noted that he took into consideration the complainant’s credibility, and the fact that she is “intellectually delayed.”

“Her errors (in her testimony) do not lead me to believe she is lying,” Justice Rivard said.

"I found the complainant’s testimony to be truthful and convincing.”

Justice Rivard stated that he believes the complainant did not want to engage in any sexual activity, and was not able to consent.

He considered the evidence from the complainant’s step mother, who testified that the complainant would lie about where she was, and who she had been with. Rivard explained that a young girl lying about where she had been is on a different level then accusing someone of sexual assault.

Justice Rivard also commented on the evidence that the 23-year-old complainant had made false accusations in the past about being sexually assaulted by her boyfriend and another friend.

He explained that although the accusations were believed
“unfounded” by police, no one involved ever denied that they had occurred, so she has never completely made up a false story.

The judge also considered the description of Linkie’s motor home, drawn by the complainant.

“For only seeing the motor home once, it’s a good sketch,” Justice Rivard said.

He also stated he didn't believe Linkie’s testimony because his evidence seemed "well planned.”

Rivard explained that he found Linkie to be “calm and soft spoken” while testifying, and always had a smile on his face.

“I do not believe Mr. Linkie’s evidence,” Justice Rivard told the court.

He explained that Linkie’s testimony regarding the complainant's behavior on the bus was “exaggerated” and “not consistent” with the testimony given by other bus drivers.

Defense lawyer Andrew Perrin explained that an appeal of the verdict is being considered.

“We’ve asked to review the reasons for judgment.”