Lawyers present final arguments at assault trial

Lawyers in the case of a Sheaves Cove man who allegedly assaulted a neighbour in 2009 made their final summations in Stephenville Provincial Court last week.

Robert Rowe was arrested and charged with assault causing bodily harm, issuing threats, and resisting arrest after an alleged incident involving Shelley Jesso on Aug. 25, 2009.

Defence lawyer Fred Stagg said his client approached Ms. Jesso on the evening in question to tell her to leave his wife alone, and that he acted in self-defense when he first struck Ms. Jesso.

Mr. Stagg called the second strike against Ms. Jesso instinctive, and noted his client did not pursue any further attack against the alleged victim.

He said Ms. Jesso's claim she was brutally attacked and hit ten to 12 times was not supported by a medical report entered into evidence.

Mr. Stagg criticized some of the actions of the RCMP. He said if officers with more experience had attended Mr. Rowe's arrest after the alleged incident, the situation might have been handled differently - and Mr. Rowe's actions would have also been possibly different.

Mr. Stagg said with the exception of the two strikes against Ms. Jesso, his client was himself a victim - noting no charges have been laid regarding incidents perpetrated against his client or Mr. Rowe's friend in Sheaves Cove.

"By not nipping these egregious acts in the bud, then the perpetrators became more bold," said the lawyer.

Mr. Stagg said handwriting analysis was not performed on the graffiti left on his client's property, nor was analysis conducted on an accelerant used to destroy Mr. Rowe's firewood.

He also said photos of a battered Ms. Jesso appearing on Facebook were part of a campaign of humiliation and condemnation against Mr. Rowe, used to make Mr. Rowe appear as a monster.

Mr. Stagg asked that all three charges be dropped.

In his closing remarks, Crown attorney Bill Howse said Mr. Rowe's claim of self-defence did not make sense.

He said Mr. Rowe was angry after his common law spouse told him of an incident with Ms. Jesso shortly before the alleged attack - and that he approached Ms. Jesso on the evening in question, kicking her leg out from under her and punching her intentionally.

"Mr. Rowe made a decision after speaking with his wife that night," said Mr. Howse.

The crown attorney said there wasn't any need for violence when confronting Ms. Jesso.

"Through direct examination and cross examination, if you agreed with his testimony, he used more force than was necessary," said Mr. Howse. "There were alternatives at that point and time."

The crown attorney cited what he called inconsistencies in Mr. Rowe's testimony. He said Mr. Rowe seemed confused while testifying about what name Ms. Jesso called Mr. Rowe after the alleged attack; and said it was Mr. Rowe's testimony that Ms. Jesso struck him with her right hand, although he noted evidence showed Ms. Jesso to be left handed.

Mr. Howse said Mr. Rowe's words during the alleged incident had serious meaning and were meant to intimidate the victim. As well, he said Mr. Rowe's actions on the night of his arrest were resistant and that Mr. Rowe's testimony reiterates that point.

He asked the court to find Mr. Rowe guilty of the three charges against him.

Judge Jacqueline Jenkins said while the case had gained public notoriety, this has not and will not affect her findings in this case.

The judge's verdict is set for March 17.

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