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Fire chief found not guilty on two counts of sexual assault, jury deadlocked on third

A jury found a former chief of the Fort St. James fire department not guilty of sexually assaulting two female volunteers but was unable to reach a decision on a third count.
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A jury found a former chief of the Fort St. James fire department not guilty of sexually assaulting two female volunteers but was unable to reach a decision on a third count.

The verdicts were issued late Saturday afternoon at the Prince George courthouse following nearly three-and-a-half days of deliberation.

The outcome amounts to a partial reversal of fortune for Robert Harold Bennett.

A previous trial before judge alone on the matter, held in January 2015, ended with Bennett guilty on all three counts. But in October 2016 a new trial was ordered after the B.C. Court of Appeal found B.C. Supreme Court Justice Glen Parrett prejudged a witness's testimony before hearing all the evidence.

This time around, Bennett launched a more vigorous defence with the help of a two-lawyer team – Jason and David Tarnow out of Vancouver. Crown counsel countered with two prosecutors of its own.

In contrast to the first trial, Bennett testified on his own behalf and a handful of witnesses attesting to his good character were also called to the stand by defence counsel.

Jury members found Bennett not guilty on charges of sexual assault related to complainants Kirsten Rudolph and Joy Reierson.

But they reached a deadlock on a third charge of sexual assault related to Lisa Button and on a count of common assault related to Rudolph.

Whether a new trial will be held on those charges was not made clear Monday.

Bennett is alleged to have groped Button on numerous occasions over a four-year period starting in 2007 and to have pulled on a length of Rudolph's hair while whispering suggestive comments in her ear during an incident in July 2013.

Bennett has admitted to having a drinking problem that affected his performance as the fire chief but has denied ever committing any of the alleged acts.

The complainants have also filed a civil action against the District of Fort St. James and Bennett, also alleging the instances of sexual assault and inaction by the municipality in regards to complaints about Bennett's behaviour. It had been put on hold awaiting the outcome of the trial.

In civil cases, the burden of proof is based on a balance of probabilities, a lower standard than the threshold of reasonable doubt used for criminal cases.

“Mr. Bennett is relieved that finally, after four and a half years of facing these awful allegations, he has be found not guilty,” read a statement shared Sunday by Jason Tarnow.

“However, as a result of these allegations, Mr. Bennett lost a career as a fire chief, endured damage to his good reputation, and endured unmeasurable stress. “Regardless, Mr. Bennett and his family are simply looking forward to moving on with their lives.”

In a text message, Rudolph expressed disappointment, saying the jury has "done the wrong thing."

"This is exactly why more women do not come forward," Rudolph also said.

- with files from Vancouver Sun

Note: In a previous version of this story, it was mistakenly reported that Bennett was found not guilty on all three counts of sexual assault.