WARNING: This article contains details heard in court that may disturb some readers.
A Canadian soldier on trial in a Barrie courtroom was cross-examined Friday and attempted to explain the reasons why he believed he had consent for a sexual encounter that took place in a broom closet at CFB Borden more than six years ago.
Cpl. Oleksii Silin, who took the stand in civilian clothes, is charged with sexual assault and forcible confinement. He has pleaded not guilty and was returning to court after offering his own evidence through his lawyer, Mitchell Worsoff, last month.
The case is unusual for two reasons: It is a private prosecution after military officials cited a lack of suitable, qualified personnel to pursue the charges but also because the alleged victim, Elvira Jaszberenyi, has waived her right to confidentially that is normally granted to sexual assault complainants.
Jaszberenyi was in court on Friday taking copious notes throughout from the front row of the public gallery.
Crown attorney Julie Janiuk began her cross-examination by walking Silin through a series of text messages that verged from vaguely sexual to crude.
Silin said the exchanges were typical of their friendship and their digital communication was an extension of their in-person conversation and a shared cultural sensibility. Silin is of Ukrainian/Russian heritage; Jaszberenyi is Hungarian. Both were trying to advance through the military full of younger soldiers who were mostly born in Canada.
“I never laughed at Canadian jokes,” said Silin, from the stand, by way of explanation that in Jaszberenyi he found someone who shared at least some of his sense of humour.
Later, Janiuk asked Silin about his earlier evidence where he claimed he was invited to share a drink in a common area. Roused from his bed, Silin arrived one floor down and claimed Jaszberenyi soon placed a wine glass between her breasts in an overt, sexually suggestive manner.
“I said, ‘I’m not going to drink this way,’ testified Silin, of his reaction to seeing the wine glass propped between the alleged victim’s exposed cleavage.
Silin also claimed he gave Jaszberenyi a consensual massage before they headed back upstairs.
Janiuk was incredulous at Jaszberenyi’s account.
“I’m going to suggest to you that you made up this story,” said Janiuk, “to explain your actions that took place later.”
“She was flirting with me,” replied Silin.
There were numerous similar verbal clashes as the Crown pressed the defendant to explain what Janiuk claimed were his illogical details of the pair’s interaction in the common area, which had the appearance of a typical, if spartan, gathering spot.
“You’re operating more with your imagination,” testified Silin, in response to one of Janiuk’s more pointed remarks, “… no disrespect.”
The alleged assault happened soon after in the broom closet one floor up, the same level as Silin’s room. It is the Crown’s position that Silin forced the alleged victim into the broom closet; the accused repeated his earlier evidence that both went in together and that the sex followed.
“She never made it to the stairs (to leave) because you pulled her into the broom closet,” Janiuk said to Silin.
“No, she followed me in,” Silin said in reply.
A few moments later, while responding to another of Janiuk’s queries on cross, Silin said Jaszberenyi was “waiting for some action” as they approached the broom closet.
“How did you know?” Janiuk asked Silin.
“Because of the way she looked at me,” Silin replied.
Jaszberenyi has testified that the sex was not consensual.
“It was rape,” she testified during cross-examination conducted by Worsoff.
Silin remained on the witness stand through Friday. The trial continues in Ontario Court of Justice before Justice Robert Gatrell.
