A decision is expected tomorrow in the case of a British sailor accused in a gang rape at a Halifax-area military base — even as the Crown mulls whether to reinstitute a sexual assault charge against a second member of the Royal Navy.
Darren Smalley is charged with sexual assault causing bodily harm and participating in a sexual assault involving one or more people in barracks at 12 Wing Shearwater on April 10, 2015.
The complainant testified at his trial last fall that she went to sleep next to a sailor, and later awoke face down and naked as at least three men sexually assaulted her.
Smalley was one of four British sailors originally charged.
Charges against Simon Radford were stayed early during the trial because he was being treated in hospital for an infection.
Prosecutor Cheryl Schurman says Nova Scotia Supreme Court Justice Patrick Duncan’s ruling in Smalley’s case may impact the Crown’s decision on whether to resurrect the charges against Radford.
She says a decision will be made before this October — when the stay of proceedings expires.
Schurman says the Crown will consider all available information, including the decision in Smalley’s case.
Charges against the other two men were dropped.
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