The trial of former Afghanistan hostage Joshua Boyle could be put on hold for months so that the Supreme Court of Canada can decide whether to hear an appeal of a judge’s ruling in the case.
That ruling, issued Wednesday by Ontario Court Justice Peter K. Doody, opened the door to a limited number of defence questions about the sexual history of Caitlan Coleman, Boyle’s estranged wife, and the key Crown witness in the case.
Doody ruled that defence lawyer Lawrence Greenspon could ask questions about Coleman’s history of consensual sex with Boyle, including ones that touched on biting, bondage and anal sex.
Coleman’s lawyer, Ian Carter, and Crown counsel had objected to that line of questioning. They said allowing the questions would render meaningless Sect. 276 of the Criminal Code, which prohibits irrelevant evidence about a complainant’s sexual history.
Doody, however, said the specific areas of questioning are relevant in the Boyle case.
Joshua Boyle arrives at court in Ottawa on Wednesday, March 27, 2019.
After consulting with Coleman, Carter told court that his client wanted to pursue an appeal of Doody’s ruling to the Supreme Court of Canada — the only avenue of appeal in this instance. (Coleman is not a legal party to the criminal trial, but as a participant, she does have “standing” in the case.)
Doody said he will reconvene the case next Wednesday to decide whether to adjourn the trial while Coleman seeks leave to appeal to the country’s top court, a process that typically takes three or four months.
If leave is granted in the case, Boyle’s trial could be delayed still further.
Lawrence Greenspon said that if the judge decides to put the trial on hold, he’ll be seeking new and relaxed bail conditions for Boyle.
Boyle, 35, has pleaded not guilty to 19 charges, including assault, sexual assault, forcible confinement and criminal harassment. Coleman is the principal complainant in the case.
Boyle and Coleman were married in July 2011 after a tumultuous, on-again, off-again courtship during which Boyle was at one point married to Zaynab Khadr, the eldest daughter of Ahmed Said Khadr, a member of Osama bin Laden’s inner circle.
Caitlin Coleman outside court in Ottawa on March 27, 2019. Coleman, 33, recounted her “rollercoaster” relationship with Joshua Boyle that ended in various assault charges against him after their 2017 release from captivity in Afghanistan.
Coleman began divorce proceedings against Boyle eight months into their marriage, but they reconciled, conceived a child, and travelled together to Central Asia.
They entered Afghanistan in October 2012 and were kidnapped days later by members of the Taliban-linked Haqqani network just outside Kabul.
They were held hostage for five years — they had three children in captivity — before being rescued by Pakistani forces in October 2017.
Coleman has told court that Boyle’s physical abuse escalated during the last two years of their captivity. She alleges that he hit, bit, slapped, choked and spanked her, while also confining her to a shower stall during the final months of their hostage ordeal.
The family met Prime Minister Justin Trudeau upon their return to Canada.
Coleman alleges that Boyle’s physical and emotional abuse continued in Ottawa, where he imposed on her a written set of rules. The rules, presented in court, required her to take cold showers, exercise, lose weight, sleep in the nude, and ensure he ejaculated at least 14 times a week.
Boyle’s defence lawyer has suggested that Coleman’s memory is deeply flawed and cannot be relied upon.
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