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Judge scolds Stephen Hopkins for 'obtuse' lines of questioning in sex assault trial

Stephen Hopkins is representing himself in his sex assault trial. His defence strategy has frustrated court proceedings and prompted the bench on Monday to offer Hopkins a stern reprimand.  (Malone Mullin/CBC - image credit)
Stephen Hopkins is representing himself in his sex assault trial. His defence strategy has frustrated court proceedings and prompted the bench on Monday to offer Hopkins a stern reprimand. (Malone Mullin/CBC - image credit)
Malone Mullin/CBC
Malone Mullin/CBC

A Supreme Court justice on Monday rebuked a 31-year-old man accused of sexually assaulting a teenager, telling him several times to stop asking the same questions of witnesses on the stand and at one point threatening to end the cross-examination altogether if the defendant could not abide by courtroom standards.

Stephen Hopkins, the accused, has declined a lawyer and is representing himself.

Since the start of his trial on May 2, he has led prolonged cross-examination sessions that have prompted Justice Donald Burrage to stop proceedings at regular intervals and remind the defendant to keep his questions intelligible and relevant to his case.

"Some of your questions, quite frankly, are so obtuse that it's difficult for me to comprehend, much less the witness comprehend," Burrage told him early Monday afternoon.

An hour later, after repeatedly reminding the accused to move on to a new line of questioning, Burrage — who has otherwise guided Hopkins gently through the trial so far — offered Hopkins a stern warning.

"I've been cutting you, and the Crown has been cutting you, a great deal of slack because you're self-represented," Burrage said.

"But there is a limit. I would not permit a lawyer to proceed in the way you have been proceeding in this courtroom. I would long ago have reined in legal counsel."

Malone Mullin/CBC
Malone Mullin/CBC

Hopkins spent nearly four hours cross-examining the final Crown witness, who was an acting sergeant with the Royal Newfoundland Constabulary's forensic identification services at the time of Hopkins's alleged crime. He has focused almost solely on whether the police force as a whole is trustworthy and reliable.

Burrage warned Hopkins, as Monday drew to a close, that he would not permit him to spend two more hours with the witness, as Hopkins said he had planned.

"I am not prepared to extend you that degree of latitude," Burrage said. "So unless I hear something new and relevant, I'm going to have to what I am really loath to do — I'm going to have to stop your cross-examination."

Burrage eventually imposed a deadline on Hopkins's cross-examination, giving him until the end of the day to wrap up his questioning.

Trial marked by abnormalities

Hopkins is accused of breaking into a home in Cowan Heights in September 2020 and sexually assaulting a 17-year-old girl.

Earlier this month, the complainant testified Hopkins asked her for a glass of water as he pushed a cart of recyclables down her street. She says when she brought it out to him, he pushed his way inside her home and carried her upstairs, where he sexually assaulted her.

Witnesses have described seeing Hopkins leave the home and one neighbour testified he aided the girl immediately after the alleged assault.

A number of police officers and forensic experts called by prosecutor Jennifer Standen have also described in detail how they arrested Hopkins near the scene of the alleged crime and gathered DNA evidence from him.

For the majority of witnesses, Hopkins has embarked on a line of questioning about the integrity of the RNC, appearing to suggest collusion between its members to frame him.

Patrick Butler/Radio-Canada
Patrick Butler/Radio-Canada

In the past two weeks, he has also attempted to plead guilty, despite telling the court he stood by his innocence, in order to spark an inquiry into the RNC. He then tried to fire the amicus, lawyer John Brooks, who has been appointed by the court to explain legal proceedings to Hopkins.

Burrage rejected the guilty plea and has retained Brooks, calling his work "exemplary."

Last week, Hopkins again disrupted the courtroom when he told a doctor on the stand that she "should have studied harder." He also attempted to convince Burrage that he was not present when a witness was sworn in, then accused the justice of forging the court minutes that showed Hopkins was, indeed, present.

The Crown has finished calling witnesses. Hopkins intends to call at least three police officers for his defence.

Late Monday, Burrage reminded Hopkins he was under no obligation to call witnesses, telling him the burden of proof lies with the Crown and asking Hopkins to carefully consider his strategy.

The trial has been set over to May 26 to accommodate witness schedules.

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