Judge rules against similar fact evidence in Steinbach teacher, coach's sexual assault case

WARNING: This story contains descriptions of sexual assault allegations.

Prosecutors won't be able to argue the alleged actions of a high school teacher and rugby coach wereevidence of a pattern of conduct that supports a finding of guilt.

A Manitoba judge ruled against a similar fact motion by the Crown last week, which would have allowed prosecutorsto use the evidence of each of the three alleged victims to support the otherbecause their testimony may have been impacted by "innocent collusion," a 28-page decision released Thursdayshows.

David Bueti, 43, was charged last year with five counts of sexual assault and three counts of sexual interference foroffences involving six female students ranging in age from 15 to 18.Those offences were alleged to have happened between February and May 2022.

He worked as a teacher and rugby coach at Steinbach Regional Secondary School, where the alleged assaults are said to have happened. He worked at the school fromFebruaryuntil June of 2022.

Four of the charges two counts of sexual assault and two counts of sexual interference were stayed on Oct. 18 of this year, court records show.The remaining charges related to the other three students three counts of sexual assault and one count of sexual interference are still proceeding in a judge-only trial atthe provincial court level.

Three female teenagerstestified Bueti touched them inappropriately in his role as a rugby coach, according to the decision byProvincial Court Judge Wanda Garreck.

Two of the teens testified the alleged assaults happened during rugby practice, when Bueti would "reposition or correct their form," the decision shows.

In one case, one of the women testified he touched her breast or chest area to "move her position." Another teentestified Bueti's "pelvic area brushed her butt," during a rugby drill, the decision said.

One of the women also testified that she was touched inappropriately after identifying an injury to the rib area.

If the similar fact application was accepted, prosecution would have been able to argue the alleged assaults were evidence of a pattern of conduct.

Under cross-examination, however, one of the teens said she wasn't sure if Bueti was "aware of or was intentionally touching her with his pelvis."

The teens also testified she was "touched on her side breast, but told police he did not touch her breast," according to the ruling.

Teens discussed before reporting: Judge

Garreck wrote in the ruling "it was clear" the teens all discussed Bueti and "inappropriate touching on many or several occasions, before they went to make their statements to police."

Garreck also wrotein the decision the "discussions were not only general discussions, but included the exchange of of details of what they described Mr. Bueti did to them and to each other."

"In some instances, they discussed what they were told by others about what happened to them or to others. They each shared their experiences with others," Garreck wrote in the decision.

"There were also discussions with other girls on the team who did not testify about what happened with Mr. Bueti."

Garreck also wrote that the head coach of the rugby team testified she never saw any inappropriate action between Bueti and any of the players on the team.

The court was left with "probable concernthat innocent contamination or accidental collusion in this case may affect and diminish the probative value of the similar fact evidence," Garreckwrotein thedecision.

"It raises significant concern about the very foundation upon which this type of evidence is admissible, that is, the improbability of coincidence to explain the similar acts."

The trial is scheduled to continue with the defence presenting evidence on Nov. 22.

Support is available for anyone who has been sexually assaulted throughKlinic's 24/7 Sexual Assault Crisis Line. In Winnipeg, call204-786-8631, or call toll-free 1-888-292-7565.

You can also access crisis lines and local support services throughthis government of Canada websiteor theEnding Violence Association of Canada database. If you're in immediate danger or fear for your safety or that of others around you, please call 911.