EDITOR鈥橲 NOTE: The following article contains accounts of sexual abuse and strong language that may be disturbing for some readers. Reader discretion is advised.
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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 鈥渁ppalling鈥 after Ashley was found not guilty of three counts of sexual as-sault by a jury early Friday morning, ending a highly emotional one-month trial.
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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One of the counts was stayed early in the trial and two more counts were withdrawn following a directive verdict by Justice Michael Brundrett last week after defence counsel Michael Norha and Crown Attorney Andrew Vandersluys agreed there was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.
Ashleysa国际传媒 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鈥檛 hold his emotions following the verdict.
鈥淚鈥檓 just f---ing infuriated,鈥 he said in an interview with Okanagan Newspaper Group moments after the verdict was read.
鈥淭his 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.
鈥淲e have to fix this damn justice system so these poor women that have been abused don鈥檛 have to carry that with them forever. He gets to walk away free, but they have to live with what he did. Hesa国际传媒 a predator and hesa国际传媒 brought such disgrace to a very sacred part of our traditions and healing.鈥
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鈥檛 be measured, said Gabriel.
First Nations healers are held in high regard and esteem by so many First Nations people and despite what the jurysa国际传媒 verdict states, this accused took advantage of vulnerable women he was supposed to be helping and caused immense damage, said Gabriel.
鈥淚tsa国际传媒 just a complete, disgusting failure of the justice system,鈥 he said. 鈥淗esa国际传媒 the victim now and he gets to walk out of that courtroom totally free. I can鈥檛 believe this jury came down with this verdict. Itsa国际传媒 just appalling. We need to fix this.鈥
Gabriel promised he will be in court when Ashley returns to set a date for his sentencing hearing on the assault conviction.
鈥淵ou鈥檙e damn right I鈥檒l be here to support these brave women,鈥 he said. 鈥淭hey鈥檙e damned strong women.鈥
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 jurysa国际传媒 verdict.
The woman, who we are not identifying, 听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.
鈥淚t is an utter failure of this criminal justice system,鈥 she said. 鈥淭hey have failed all the women in this case and they鈥檝e failed our women for a very long time, so there is no justice in what happened here.
鈥淗e sexually assaulted a number of our people, so finding him guilty on one count of assault brings no solace whatsoever.
鈥淲hat is the message that it sends. You can pretend you鈥檙e a native healer and can touch women. You can take control of that and take advantage of their trust and confidence. I just can鈥檛 believe a jury of 12 people from this city will not find you guilty when he did what he did.鈥
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.
鈥淚 was in shock,鈥 she said. 鈥淭his is one of the toughest things I鈥檝e been through in my life. I felt responsible. I had brought him into my community. I love all of my people... 听and my role is to support and protect my people.
鈥淭his 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.鈥
Several supporters in the courtroom gallery broke down in tears during her testimony.
Following the verdict, the same tears flowed.
鈥淎pparently, he can say can I touch you and you say 鈥榶eah鈥 because you trust him and then he can grope you. Itsa国际传媒 OK apparently. Itsa国际传媒 not OK. None of this is OK.鈥
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.
鈥淭hey were traumatized and had to carry this for two years,鈥 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.
鈥淭he most telling thing for me is when he swore on the Bible, he wasn鈥檛 holding an eagle feather,鈥 the elder said. 鈥淚f hesa国际传媒 a healer, that says a lot to me.鈥
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.
鈥淭he work we鈥檝e done over the last two years with these women has just been phenomenal,鈥 she said. 鈥淭heresa国际传媒 no loss, no weak women, no beaten women here. We won鈥檛 let that happen.鈥
There have been several provincial and federal inquiries relating to trauma suffered by First Nations women across sa国际传媒 and Canada and none of recommendations from any inquiry have been implemented, she said.
鈥淣one of the recommendations of any of the reports the federal government pays for have ever been implemented,鈥 she said.
During her time testifying during the trial on CCTV cameras, the former friend of Ashleysa国际传媒 was deeply upset that he continued to act inappropriately, she said.
鈥淗esa国际传媒 sitting there smirking at me, rolling his eyes,鈥 she said. 鈥淗e was laughing at me. He stared right into the screen at every single one of us.鈥
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.
鈥淭here are reports after reports that only six per cent of sexual assaults are reported and this is the reason why,鈥 she said. 鈥淭he retraumatization of all these witnesses and all the people who helped them since this happened is just wrong.鈥
The complainant reiterated that what happened in this trial happens too often in this country.
鈥淲hat I want to say again is this country thinks itsa国际传媒 OK to sexually assault Indigenous women,鈥 she said.
鈥淗esa国际传媒 found guilty of assault, but not guilty of sexual assault against one woman. What the hell is that.鈥
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.
鈥淲e are still here and we walk proud,鈥 she said. 鈥淲e鈥檝e all come together and nothing can change that.鈥
Ashley left the courtroom immediately following the verdict and did not take questions.
