Jeffery Turnbull has been acquitted of charges of sexually assaulting a fellow Hamilton police officer in 2022, following a trial that commenced in January. Ontario Justice Jennifer Marie Campitelli, delivering her decision in Burlington, expressed disbelief in the credibility of the complainant while siding with Turnbull.
The trial, initially held in Hamilton but later moved to Burlington, saw Crown lawyer Jason Nicol asserting that Turnbull engaged in unwelcome sexual advances, including sending inappropriate messages and gifts, and non-consensual touching before the alleged assault in March 2022.
The complainant testified that Turnbull persistently communicated with her, sent explicit images, and made threats related to his mental well-being. She recounted an incident at Turnbull’s residence where he assaulted her despite her objections.
In defense, it was argued that the relationship between the two was consensual, presenting text messages as evidence of a friendly interaction. Turnbull maintained that the encounter at his home was consensual, contrary to the complainant’s account.
Justice Campitelli reviewed the evidence presented by both parties and found Turnbull’s testimony to be credible and consistent, while labeling the complainant as untruthful and evasive. Discrepancies in the complainant’s statements and evidence further weakened her credibility.
Campitelli concluded that the Crown failed to prove beyond a reasonable doubt that the sexual encounter was non-consensual, leading to Turnbull’s acquittal. Despite the verdict, Turnbull remains suspended with pay pending further actions by the Hamilton Police Service’s Professional Standards team.
Representatives from the union and internal affairs department were present throughout the trial, with plans for possible internal investigations. Jaimi Bannon of the Hamilton Police Association assured support for both parties as they navigate the aftermath of the legal proceedings.
The fate of Turnbull’s employment rests with Chief Frank Bergen and the Law Enforcement Complaints Agency, while the complainant continues her duties as a Hamilton police constable.
