PETERBOROUGH, ONT. – The last thing the 23-year-old said she remembered was taking a sip of a rye and coke at the downtown bar.
"What happened then?” the Crown asked.
"I woke up the next morning. That's all I remembered,” the complainant replied.
The woman awoke, groggy and terrified, on a couch in a strange basement apartment, she testified. Her shorts were undone, she had bruises on her thighs and her vagina hurt, she said.
Then, she said, an unknown man walked out of a bedroom.
“He said ‘don't freak out. I'm the cab driver from last night. You were so drunk you didn’t even know where your house was so I brought you here,’” the woman told court. “I was terrified. I just said I needed to get home.”
The cab driver, 48-year-old Cameron Duncan, stands trial in Superior Court of Justice this week on one count of kidnapping and one count of sexual assault.
He has pleaded not guilty to both charges and will be tried by a jury of seven men and five women.
In her opening address, Crown attorney Kelly Eberhard said her case boils down to consent. The evidence will show the complainant was so inebriated, she couldn’t have consented to go home with Duncan or to sexual contact, Eberhard said.
Duncan admits he picked the woman up outside the bar and that it was his apartment where she awoke the next morning.
The complainant started the evening of Nov. 27, 2010 drinking at a friend’s house, she testified.
She had about four drinks before arriving at the Junction on George St. sometime between 11 and 11:30 p.m., court heard.
But she has no recollection of any events after her first drink she was served at the bar, she said.
Eberhard played surveillance footage taken outside the bar showing the complainant outside with a friend. She’s staggering around the sidewalk before her friend helps her get into the cab.
The woman testified that if she was sober she would not have gone to the taxi driver's home.
Court heard that in the morning, Duncan called a cab and paid for the woman to get home. She then to the hospital where a sexual assault examination took place, court heard.
During his cross-examination, Duncan’s lawyer Gary McNeely suggested the complainant intended to get drunk that night after she ran into her ex-boyfriend at the bar.
McNeely surprised the witness by showing her a photograph reportedly taken by Duncan at his apartment, showing the woman smiling.
The woman said she didn’t remember the photograph being taken.