The Peterborough Examiner e-edition

Closing arguments heard at trial of former theatre manager

Judge expected to release his verdict on Oct. 13

DOMINIK WISNIEWSKI TORSTAR

The sexual assault and sexual exploitation trial of former Capitol Theatre general manager Antonio Sarmiento continued virtually in Lindsay court, with the final defence witnesses taking the stand and both sides presenting their closing arguments.

Justice John Payne is presiding over the trial, which started on June 24 via Zoom teleconference.

Cobourg resident Carlos Eduardo Sarmiento, also known as Antonio Sarmiento, has pleaded not guilty to all of the charges.

On Sept. 12, 2019, the Port Hope police charged Sarmiento, 49 at the time, with seven counts of sexual assault and three counts of sexual exploitation.

Sean Fraser is representing Sarmiento. The case is being prosecuted by Crown attorney Mareike Newhouse and the identity of the complainant is protected under a publication ban.

In his closing argument on Thursday during the judgealone trial, Fraser noted that the complainant has “a very different description of how the affair between herself and Mr. Sarmiento” began.

“There is a very sharp contrast in terms of when it actually began and another sharp contrast in terms of something that either did or didn’t happen later on during that affair,” he told the court, adding that this is legally relevant and that “everything that happened after her 18th birthday was consensual,” Fraser said.

“In fact, (the complainant) offers us a great deal of information that seems to confirm that, subject to (the Crown’s) legal analysis, which suggests that consent is somehow taken in some way, by virtue of a prior relationship, which the defence maintains was in no way sexual.”

Fraser said his client provided the court with a description of what allegedly happened “in a very detail-rich narrative, one that was subject to a very capable and thorough cross examination, and one which yielded no stutters, trip-ups or anything of the sort.”

“Indeed, I suggest to this court that there isn’t a moment of Mr. Sarmiento’s testimony where he was defensive, guarded or otherwise overtly self-serving, in terms of his manner of communicating to the court, as well as the content of that message,” he said.

“Mr. Sarmiento readily acknowledged, albeit with some shame and embarrassment, that in engaging in the sexual conduct with (the complainant) that he describes, he was committing adultery. He was violating the trust of somebody he deeply loved at the time.”

Noting that his client’s testimony wasn’t “over the top” or “something he made a big moment of,” Fraser said it’s one of the signatures of somebody who is testifying sincerely and credibly.

“Mr. Sarmiento, I respectfully submit, has provided the court with a timeline of his sexual interaction with (the complainant) that makes far more sense than at least some of her timing ... (referring) to the circumstances in which they would be on occasion, and I can’t say it’s regular, but on occasion to be alone and intimate in a hotel.”

In her closing argument, Newhouse said her main focus was on the substance of the evidence, which she said “is the polar opposite” of the complainant’s evidence on the key point of when the sexual relationship commenced.

“There is obviously no dispute that there was a sexual relationship; it’s really a question of the when and the how,” she said. “That’s really what I say is the most surprising and incredulous part of Mr. Sarmiento’s story, and I call it a story quite deliberately.”

Pointing to Sarmiento’s testimony that the first sexual encounter happened in his car, Newhouse told Payne this “should give your honour the most pause, just in terms of its patent lack of credulity.”

Newhouse said that, just looking at the build up based on Sarmiento’s evidence, “the relationship with (the complainant), prior to the point they had sex, was completely and entirely platonic.”

She told the court his testimony reveals the relationship went from “not even a hint of flirtation” to the complainant “aggressively, spontaneously, shockingly setting upon Mr. Sarmiento in that parking lot.”

“It was really out of the blue, they run into each other on his evidence ... after there was no contact between these two for a number of weeks,” Newhouse added. “Coincidentally, she’s just turned 18 and somehow out of the blue we have this sort of lascivious, aggressive (complainant) just coming on to him in a manner that is quite striking.”

While she agreed with Fraser’s submission that Sarmiento provided the court with a “relatively detail-rich” account of what he said happened, Newhouse called it “unbelievable really, in that it went from zero to 100 so suddenly.”

“When you juxtapose that with the prior platonic relationship that he describes existed, it just doesn’t make sense,” she said. “His story just defies all logic.”

The Crown also provided he court with a case law submission with the justice noting that he had read each case submitted.

Payne is expected to announce his verdict virtually in Cobourg court at 4 p.m. on Oct. 13.

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2021-09-20T07:00:00.0000000Z

2021-09-20T07:00:00.0000000Z

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