Lawyer for Hamilton constable accused of sexual assault uses closing remarks to attack woman's credibility

CBC

26-06-2025

WARNING: This article references sexual assault and may affect those who have experienced​ ​​​sexual violence or know someone affected by it.
The lawyer for Jeffery Turnbull, a Hamilton police constable accused of sexually assaulting a colleague in 2022, portrayed the woman as an unreliable witness whose testimony misaligns with the known facts as his trial continued with closing arguments.
On Wednesday, Joanne Mulcahy detailed numerous times that the complainant's testimony outlined information about work assignments that didn't match police records, problems remembering dates, and numerous times the woman asked to look at her own previous statements before responding to questions.
The woman's identity is protected under a standard publication ban. Turnbull has pleaded not guilty in the case before Ontario Justice Jennifer Marie Campitelli.
Mulcahy argued the woman made up new details in the years since the alleged incidents, and questioned why she provided only select text messages between the two officers to investigators instead of sharing the bulk of their communications — which both parties agree were close to daily in the first few months of 2022.
"We have a complainant who deliberately chose to mislead the investigation and mislead you," the defence lawyer said.
Mulcahy said Snapchat messages between the two that Turnbull recovered show a different side of their relationship, one in which they were friends and the woman expressed excitement to meet him for sex.
"There are lots of things that he was able to recover that she didn't want anyone to know about," said Mulcahy.
The trial began early in 2025 but court dates have been peppered throughout the year. It was previously heard in Hamilton, but was moved to Burlington starting Wednesday to access court space sooner than would have been available in nearby Hamilton. Closing arguments will continue in July.
Woman says she couldn't escape due to a back injury
Turnbull, 40, and his colleague, 28, were in other relationships in March 2022, when the woman was allegedly sexually assaulted at his home. He was charged in June 2023 by Ontario's Special Investigations Unit (SIU).
In different trial dates, the two officers painted drastically different narratives of the nature of their relationship and the timeline of events.
The woman testified that Turnbull texted and pressured her for months, and she played along to dissuade him from messaging her more, even though he made her uncomfortable.
"I would do what I had to do to make sure my life wasn't miserable at work," she said.
Mulcahy alleges the female officer was having an affair with Turnbull, which the complainant denies. The two agree they had sex in Turnbull's basement while his two children were sleeping upstairs and his then wife was away on a yoga retreat, but differ on whether it was consensual and when it happened.
Mulcahy argued Wednesday that parts of the woman's version — that her new puppy was upstairs and unsupervised with Turnbull's adult dog — are improbable.
The woman previously said she went to Turnbull's house the evening of the alleged assault because she panicked when he messaged her about killing himself. The defence, however, has noted she did not mention suicide in interviews she gave to Hamilton police or SIU investigators in 2022. The first time she mentioned suicide, Mulcahy said at a previous court date, was in a December 2024 interview with the Crown.
The woman has said she couldn't escape Turnbull's advances because she had a back injury.
"I kept telling him I didn't want this," she said. "I wanted to go home."
On Wednesday, Mulcahy pointed out the woman participated in highly physical and demanding police training shortly after the alleged sexual assault.
"She couldn't move, couldn't get up fast enough, and days later she's doing use-of-force training," said Mulcahy.
Defence stresses proof beyond reasonable doubt
The complainant attended court on Wednesday with a large group of supporters, including her fiancé, who court previously heard has been with her since before the alleged assault. She left the gallery and sat in the hallway for some parts of Mulcahy's submissions.
From the defence bench, Turnbull typed steadily on a laptop throughout the day's proceedings.
Mulcahy said proof beyond a reasonable doubt is the bar for conviction.
"There are significant concerns regarding [the woman's] credibility," Mulcahy said. "Even if you do not believe the testimony of Mr. Turnbull, but are left with a reasonable doubt, you must acquit."
Mulcahy will continue her submissions on July 14, followed by Crown attorney Jason Nicol's final submissions.