The sexual-assault trial of former Afghanistan hostage Joshua Boyle will proceed today after the judge decided evidence given earlier in the trial is still admissible.
Judge Peter Doody raised concerns Tuesday about the impact of two recent Supreme Court of Canada rulings on the use of evidence about an alleged victim's prior sexual activity.
The evidence he was worried about was given by Caitlan Coleman, Boyle's now-estranged wife, during direct testimony in March in the case against Boyle, who is charged with 19 offences including assault, sexual assault, and unlawful confinement.
The trial had already been delayed several weeks while the courts decided whether the defence could ask Coleman about other prior sexual activities.
After hearing arguments made by the Crown, the defence and Coleman's lawyer, Doody says he believes Coleman's evidence was properly admitted.
Coleman is to be cross-examined by Boyle's defence lawyer this morning.
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