Rowe guilty of assault, resisting arrest

The judge hearing the case of a Sheaves Cove man charged with assaulting a neighbour last summer handed down her verdict on March 17.

Judge Jacqueline Jenkins found Robert Joseph Rowe guilty on charges of assault causing bodily harm and resisting arrest stemming from an incident involving Shelley Jesso on the evening of Aug. 25, 2009. The judge found Mr. Rowe not guilty on a charge of issuing threats.

The judge said there were inconsistencies in testimony given by Mr. Rowe and Ms. Jesso - but stated it was not the role of the judge to choose between the two witnesses.

Rather, Judge Jenkins said she reviewed the evidence and testimony from the trial and applied her findings with regards to Canadian law.

When reviewing the charge of assault, the judge said she did not accept Mr. Rowe's testimony of self-defence, noting he "had already exceeded the force needed to defend himself" before striking Ms. Jesso.

Judge Jenkins said even in light of Mr. Rowe's evidence, his arrest on the evening in question was lawful.

"Robert Rowe did willfully and knowingly resist arrest," she said.

Judge Jenkins acquitted Mr. Rowe of issuing threats, saying the charge could not be proven beyond a reasonable doubt.

In reviewing trial testimony, the judge said witness Maisie Barter, Mr. Rowe's common law spouse, was credible and believable in her recounting of events on the evening in question.

Judge Jenkins said Ms. Barter's testimony was important to note in that she called the RCMP to report she was threatened by Ms. Jesso before knowing of the incident between her spouse and Ms. Jesso.

The judge said if Ms. Barter had initiated the conflict with Ms. Jesso that evening, she likely would not have called the police.

Judge Jenkins described evidence given by witness Travis Young as generally unreliable, noting he was evasive and argumentative on the stand.

She added he had questionable motivations in publishing photos of a battered Ms. Jesso on Facebook, saying it was likely done to manipulate public opinion.

Mr. Rowe is set to be sentenced on April 29.

editor@thegeorgian.ca