Former Manitoba Mountie convicted of sexually assaulting girl in 2014 after new trial

Warning: This story contains details that readers may find distressing.

A former Manitoba RCMP officer has been convicted of sexually assaulting a nine-year-old girl after a retrial of his case.

Robert Dowd, 61, was first convicted of sexual assault and sexual interference in 2017 in provincial court in Ashern, Man., but a Court of Appeal panel of three judges quashed his conviction and ordered a new trial three years later.

Dowd was accused of inappropriately touching the girl, whose identity is covered by a publication ban, in 2014, while he was off duty at a campground in Manitoba's Interlake region.

On Tuesday, Provincial Court Judge Keith Eyrikson said he did not find Dowd's testimony at his new trial to be credible because there were significant gaps in his recollection of the events of the night in question, which were also contradicted by other witnesses who testified.

However, Eyrikson said he found the girl believable, trustworthy and truthful in her account of what happened that night during her twostatements to policeand while testifying during the trial.

During the trial, court heard that on the night in question,Dowd was with a group of people, including the girl, her father and her brother, who were having a campfire.

At some point in the evening, Dowd was alone with the girl away from the group at the campfire. The girl said that while they were stargazing, Dowd touched her under her clothes.

Because there was no forensic evidence in the case, Eyrikson said he relied on the testimony of Dowd, the girl and other witnesses to make his decision.

One of the key issues was testimony from numerous witnesses about Dowd taking the girl to the washroom in his RV.

During the trial, Dowd testified that he showed the girl how to use the toilet because it was different from a normal toilet. He then waited about 10 minutes, but then said he lost track of her.

He testified that he might have returned to the campfire with the girl but could not be sure. Dowd also testified that he had consumed between 10 to 12 ounces of whiskey and a few beers on the day in question, but didn't think he was intoxicated.

Testimony questioned

In his decision, Eyrikson said he was troubled by this testimony because it did not make sense that Dowd would take the time to show the girl how to use the toilet, wait for herand then lose track of her altogether.

"It defies common logic that he would do nothing further to make sure she gets back to the campfire," Eyrikson said.

Other witnesses testified that they saw Dowd and the girl return to the campfire together.

The victim's father also testified during the second trial that at one point, he did not know where his daughter was and started calling out for her, even asking his son to go look for her. The father testified that afew moments later, Dowd and the girl emerged from the darkness side by side,walking back to the campfire together.

In analyzing the victim's testimony, Eyrikson said the girl appeared confident and honest in her recorded statements to police and while testifying at trial. The girl gave her first statement to police hours after the incident, and another the day after. She also testified at both trials.

Eyrikson highlighted that at one point in the girl's second statement to police, she spontaneously asked the officer, "I was just wondering, why would someone want to touch there? Itmakes no sense."

Later on, the girl told police Dowd asked her "if that made me uncomfortable" while he was touching her, which made her "feel bad in weird ways."

"This seems far too sophisticated for a child to make up," Eyrikson said.

All in all, Eyrikson said he found the victim's evidence of the night in question strong, rational and worthy of belief.

The verdict was read over a video conference due to limitations posed by COVID-19.

"Now I've got toappeal again, thank you very much," Dowd said upon learning the verdict.

"Well, Mr. Dowd, that's your right, and your outburst is noted," Eyrikson replied.

A sentencing hearing will be held at a later date.