Only two witnesses were called during the sexual assault trial of Murray MacDonald: the female complainant and the accused. During the trial, which got underway Monday, the court heard that MacDonald, 69, was a teacher at Central Secondary School in downtown London in 1985-86. He came across the Grade 11 student one night at The Bavarian, a former bar located in Cherryhill Village Mall on Oxford Street West. Both testified they had drinks together and, when the bar was closing, he drove her home. The complainant, now in her 50s, testified that MacDonald initiated a sex act, while the accused said it was the female who started it. In his closing submissions, defence lawyer Lakin Afolabi told Justice Kelly Gorman that his client’s testimony was more reliable, saying, “His evidence can raise reasonable doubt therefore you should acquit.” Afolabi said, “He knew he shouldn’t be making out with a student...he got scared and he backed out.” He went on to say, “It was a situation he didn’t plan or thought was going to happen.” Afolabi added that even though it was 40 years ago, “He (MacDonald) testified in an honest and consistent way...I submit she’s playing games... I think she’s just making this stuff up.” At the start of the trial, MacDonald pleaded not guilty to a single count of sexual assault. Later in the day, Crown attorney Jeremy Carnegie gave his closing submissions and attacked the credibility of the accused, saying he had a selective memory. Carnegie said, “When you assess the credibility of Mr. MacDonald there are issues.” The Crown said the accused was wrong about the female being 19 years old at the time, saying, “He made that up, he didn’t want to paint himself as recklessly engaging in sexual activity with a child.” Speaking about the complainant, Carnegie argued, “This was a sexual assault...she says she was forced to do something.” He said that despite the 40 years that have passed, “The things she remembered, she was very clear.” Carnegie wrapped up by saying, “You shouldn’t accept his version of events and you should find him guilty.” Justice Gorman is expected to hand down her decision in the case on Dec. 14.
