Justice system 'failed'

EDITOR’S NOTE: This article includes descriptions of sexual assault and strong language that may be disturbing for some readers.

The chief of the Penticton Indian Band and the woman who first invited Donald Wayne Ashley to come to Penticton to perform First Nation healing sessions back in 2010 both used the word “appalling” after Ashley was found not guilty of three counts of sexual assault by a jury early Friday morning, ending a highly emotional one-month trial.

Ashley was found guilty of one count of the lesser charge of common assault on one of the complainants.

He will return to court on Nov. 25 where a date will be set for his sentencing on the assault conviction.

Ashley was originally charged with six counts of sexual assault after it was alleged he inappropriately touched six different women during native healing sessions over a four-day period in October of 2022.

One of the counts was stayed early in the trial and two more counts were withdrawn following a directive verdict by Justice Michael Brundrett last week after defence counsel Michael Norha and Crown Attorney Andrew Vandersluys agreed there was not enough evidence to find guilt beyond a reasonable doubt on charges of sexual assault.

Following the verdict, several women in a group of 15 supporters of the complainants in this case hugged and wept openly and several had to leave the courtroom as emotions swept over the room just before 1 a.m.
Following final instructions by Brundrett, the jury of seven men and five women began deliberations around 4 p.m. Wednesday and continued until 10 p.m.

At the beginning of the trial, Brundrett order a ban on publication on any evidence that could help identify any of the complainants in this case.

The jury resumed deliberations early Thursday at 9 a.m. and continued deliberating all day and into the evening. Those attending the trial over the past four weeks were notified just past midnight that a verdict had been reached.

The verdict was read at 12:50 a.m. to end the lengthy and highly-emotional trial.

Ashley’s wife sat by herself away from the group of more than a dozen supporters.

After the verdict was read, several more women broke down in tears outside the Penticton Courthouse and were joined in their grief by Greg Gabriel, the chief of the Penticton Indian Band.

Gabriel couldn’t hold his emotions following the verdict.

“I’m just f---ing infuriated,” he said in an interview with Okanagan Newspaper Group moments after the verdict was read.

“This criminal justice system failed our women once again. They made this sexual predator out to be a victim throughout this trial. The testimony of our women meant nothing. What he did to them meant nothing.

“We have to fix this damn justice system so these poor women that have been abused don’t have to carry that with them forever. He gets to walk away free, but they have to live with what he did. He’s a predator and he’s brought such disgrace to a very sacred part of our traditions and healing.”

The complainants in this case are not only from the Penticton area, but throughout the Okanagan Nation and the impact this case has had on First Nations people across this region can’t be measured, said Gabriel.

First Nations healers are held in high regard and esteem by so many First Nations people and despite what the jury’s verdict states, this accused took advantage of vulnerable women he was supposed to be helping and caused immense damage, said Gabriel.

“It’s just a complete, disgusting failure of the justice system,” he said. “He’s the victim now and he gets to walk out of that courtroom totally free. I can’t believe this jury came down with this verdict. It’s just appalling. We need to fix this.”

Gabriel promised he will be in court when Ashley returns to set a date for his sentencing hearing on the assault conviction.

“You’re damn right I’ll be here to support these brave women,” he said. “They’re damned strong women.”

The woman who testified at trial she had become close personal friends with Ashley and his wife, who she attended university with, and invited him to Penticton to perform native healing sessions back in 2010 was also livid with the jury’s verdict.

The woman, who we are not identifying, was a key witness during the trial testifying it was she who confronted Ashley back in October of 2022 after several women had complained about inappropriate sexual touching by Ashley during healing sessions.

“It is an utter failure of this criminal justice system,” she said. “They have failed all the women in this case and they’ve failed our women for a very long time, so there is no justice in what happened here.

“He sexually assaulted a number of our people, so finding him guilty on one count of assault brings no solace whatsoever.

“What is the message that it sends. You can pretend you’re a native healer and can touch women. You can take control of that and take advantage of their trust and confidence. I just can’t believe a jury of 12 people from this city will not find you guilty when he did what he did.”

All of the complainants in this case testified Ashley groped them without their permission during healing sessions and she finds it difficult to believe their evidence appeared to be ignored in favour of the accused who simply denied the accusations, she said.

During her testimony at trial, she described how difficult it was when Ashley was accused of touching several different women inappropriately.

“I was in shock,” she said. “This is one of the toughest things I’ve been through in my life. I felt responsible. I had brought him into my community. I love all of my people... and my role is to support and protect my people.
“This was happening to people I would die for by someone I loved and trusted. I looked up to him like a brother. My kids called him uncle.”

Several supporters in the courtroom gallery broke down in tears during her testimony.

Following the verdict, the same tears flowed.

“Apparently, he can say can I touch you and you say ‘yeah’ because you trust him and then he can grope you. It’s OK apparently. It’s not OK. None of this is OK.”

All six of the complainants had to deal with the guilt and shame they felt after coming forward to police for two full years and they showed tremendous courage enduring what they have, she said.

“They were traumatized and had to carry this for two years,” she said.

A First Nation elder who attended court every single day throughout the trial, said the fact Ashley swore on the Bible to tell the truth and then denied he did anything wrong upsets her the most.

“The most telling thing for me is when he swore on the Bible, he wasn’t holding an eagle feather,” the elder said. “If he’s a healer, that says a lot to me.”

The amount of people who have rallied around the complainants over the past two years is amazing and something to be very proud of, she said.

“The work we’ve done over the last two years with these women has just been phenomenal,” she said. “There’s no loss, no weak women, no beaten women here. We won’t let that happen.”

There have been several provincial and federal inquiries relating to trauma suffered by First Nations women across B.C. and Canada and none of recommendations from any inquiry have been implemented, she said.

“None of the recommendations of any of the reports the federal government pays for have ever been implemented,” she said.

During her time testifying during the trial on CCTV cameras, the former friend of Ashley’s was deeply upset that he continued to act inappropriately, she said.

“He’s sitting there smirking at me, rolling his eyes,” she said. “He was laughing at me. He stared right into the screen at every single one of us.”

Another supporter who attended most of the trial, said cases like this are why many victims of sexual assault are often unwilling to come forward.

“There are reports after reports that only six per cent of sexual assaults are reported and this is the reason why,” she said. “The retraumatization of all these witnesses and all the people who helped them since this happened is just wrong.”

The complainant reiterated that what happened in this trial happens too often in this country.

“What I want to say again is this country thinks it’s OK to sexually assault Indigenous women,” she said.

“He’s found guilty of assault, but not guilty of sexual assault against one woman. What the hell is that.”

The only solace from this case is that Ashley is now a convicted criminal and First Nations people from across this region rallied to help the complainants, she said.

“We are still here and we walk proud,” she said. “We’ve all come together and nothing can change that.”

Ashley left the courtroom immediately following the verdict and did not take questions.

This article is republished as part of the Local Journalism Initiative