Mistrial declared in Cape Breton sexual assault case involving minor

A Cape Breton couple accused of sexually assaulting a young person has had their trial postponed after the judge in the case declared a mistrial.

Daryl Lawrence Digout, 54, and Shelley Dawn Diane Digout, 49, were arrested last spring and are facing charges of sexual assault, sexual interference and sexual exploitation.

The female complainant in the case was under the age of 16 in 2020 when the alleged offences occurred at the couple's home in Barra Head, Richmond County.

The Digouts are self represented in Port Hawkesbury provincial court, although lawyers have been appointed to oversee their case.

On Tuesday the first day of their trialthe court heard from a Crown witness who lived with the Digouts for five or six years.

The man said he would often talk to the couple about religion or spirituality, and that the Digouts would perform regular morning prayers and spontaneous religious studies sessions,although it was not clear what religion the Digouts follow.

The man, who cannot be named due to a publication ban, said during the time he lived with the Digouts they regularly babysat the complainant.

Whenthe Crown askedabout the girl's sleeping arrangements, the man said the girl slept in the Digouts'spare room, but would sometimes sleep in the couple's bedroom when she became scared.

The man testified the complainant stopped visiting the Digouts after her mother found out she was baptized by the couple in a lake near their home.

About halfway through the day, as the witness was being questioned by the defence, the judge declared a mistrial.

Judge Laurel Halfpenny MacQuarrie said she would no longer oversee the trial due to a conflict of interest that arose in thetestimony.

The court must now find a new judge who will take over the proceeding.

Last June, the Digouts were reported missing by the RCMP after charges were announced. Police located thecouple less than a month later.

The Digouts are now expected back in court in December.

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