L.M. Baldwin J.

Heard: March 27, May 24, June 13 and 25, 2013. Judgment: March 20, 2014.

[Summary by Quicklaw {Lexis Nexis}] Trial of accused for two counts of assault. The complainant gave a videotaped K.G.B. statement under oath in which she told police she and the accused had been arguing about his son a lot, and on this occasion, the accused told her their relationship was over and she should leave. The complainant stated she left but came back the next morning and resumed the argument. The complainant stated the accused was drinking rum and coke and started pushing her, and then pushed her to the floor and strangled her until she hit him in the face and ran. The complainant stated the accused found her car keys for her and she went outside, but was too upset to drive, so called the police and called a friend. The complainant made several physical demonstrations of the alleged assault and stated there was an earlier argument during which the accused punched her in the face and his brother had to intervene. The officer noted some redness on the complainant’s collarbone, which she attributed to the accused. In the 9-11 call, the complainant said the accused choked her, threw her to the ground and slapped her, and had been drinking. The complainant told the dispatcher the fight was about the accused’s son and the accused had punched her two weeks prior. When the officer arrived on the scene, the complainant was in the driveway crying and had some redness on her chest and neck. The accused had some blood on his nose and the smell of alcohol on his breath. The accused was arrested for assault. The complainant’s friend testified that, when she arrived, the complainant was hysterical and was crying and asking why the accused was being arrested. The complainant gave her statement at the police station. The complainant later recanted her statement and denied all allegations at trial. The complainant testified she had been in two prior car accidents and was in poor health and memory and one at least seven different medications. The complainant denied the veracity of her statements to 9-11 and claimed she was forced to make the police statement. The complainant testified her chest and neck became red when she was upset. The accused denied all allegations.