WARNING: This article references sexual assault and may affect those who have experienced sexual violence or know someone affected by it. It also mentions thoughts of suicide.
Jeffery Turnbull has been found not guilty of sexually assaulting a fellow Hamilton police officer in 2022 following a trial that began in January, with the proceedings including denials by both constables.
Ontario Justice Jennifer Marie Campitelli read her decision Friday in Burlington, noting off the top: “I do not find the evidence of [the complainant] credible or reliable,” and, “I believe Mr. Turnbull.”
Turnbull did not visibly react to the not guilty finding, staying at his lawyer’s side as the complainant and her supporters left the courtroom. The complainant, whose identity is protected under a standard publication ban, tearfully hugged someone in the hallway.
During the proceedings, which began in Hamilton but were switched to Burlington in June, Crown lawyer Jason Nicol argued that Turnbull pursued a younger officer, made sexual comments, sent her unsolicited messages and gifts, and inappropriately touched her without her consent before sexually assaulting her in March 2022.
The complainant testified Turnbull spoke to her and messaged her regularly even though she didn’t want to talk to him.
She said he gave her gifts and flirted with her, including by sending her nude images of himself. She also said he would talk about his poor mental health or even threaten suicide if she didn’t go along with what he wanted.
It was under those circumstances, the woman said, that she went to Turnbull’s home when his wife was away to visit him, his children and his dog with her new puppy. The woman said it was on that visit that Turnbull pinned her to the couch and sexually assaulted her despite her saying she didn’t want to have sex.
Defence argued the 2 were having an affair
The defence argued the two were having a consensual affair, which the woman denied, and presented text-message conversations that defence lawyer Joanne Mulcahy described as friendly.
Turnbull said the two planned to have sex while his wife was away, the woman was a willing participant and that the visit with her dog was actually the next day.
Mulcahy argued the Crown failed to prove beyond a reasonable doubt that the sex at Turnbull’s residence was non-consensual.
On Friday, Campitelli summarized arguments by the Crown and defence, noting the Crown alleged four instances of non-consensual sexual touching at work and one outside work between February and March 2022, in addition to non-consensual vaginal intercourse at Turnbull’s house in March 2022.
One by one, she described versions of events as presented by each officer. Campitelli stated she found Turnbull’s evidence “candid and plausible,” and in line with independent evidence, whereas she found the woman “dishonest” and “evasive.”
For example, Campitelli noted that the complainant testified Turnbull had told her she could get in trouble at work for reporting things, but she did not say that when she spoke with a police internal investigator soon after the alleged assaults.
Campitelli also found the woman’s recollection of dates when non-consensual touching allegedly occurred at work were inconsistent with her own workplace notes that showed her to be working in a different location than described in court.
The justice also noted that the woman testified she had received a journal and a gift of $112 from Turnbull prior to the alleged assault at his home, but that he was able to produce receipts showing both occurred after the fact. Campitelli said she believed the complainant was dishonest when she testified about these gifts and not simply mistaken.
The justice also said she found it “inherently improbable” that the alleged assault occurred as the woman described, saying it seemed unlikely Turnbull would leave his kids and their two young dogs unattended upstairs while assaulting her in the basement.
Overall, Campitelli said, the Crown was not able to establish beyond a reasonable doubt that the complainant did not consent to sexual conduct and, therefore, Turnbull was not guilty and free to go.
Turnbull remains suspended with pay
Throughout the trial, the woman and Turnbull, who remains suspended with pay, each had representatives from their union supporting them.
Representatives from the Hamilton police’s internal affairs department and Ontario’s police watchdog (the Special Investigations Unit) were also in court.
Outside the courtroom on Friday, Jaimi Bannon, head of the Hamilton Police Association (HPA) union, said the court process was “long and drawn out, and completely challenging for both members involved” over the past 3½ years.
“Both members will be supported by the HPA as they navigate the next steps,” Bannon added in a statement later.
The next steps are up to the Hamilton Police Service’s Professional Standards team, but could include an internal investigation if ordered by Chief Frank Bergen or the Law Enforcement Complaints Agency, the civilian oversight agency.
Bannon said the woman remains a Hamilton police constable and Turnbull could possibly return to his job.
If you’re in immediate danger or fear for your safety or that of others around you, please call 911. For support in your area, you can look for crisis lines and local services via the Ending Violence Association of Canada database.
If you or someone you know is struggling with mental health, here’s where to look for help:
