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A former longtime Ontario Provincial Police (OPP) officer accused of historical sexual assaults will have to wait at least another week to learn whether the Crown plans to drop the charges against him.
Theo Oderkirk, 51, left the Barrie courthouse with lawyer Alexa Banister-Thompson by his side Thursday afternoon, disappointed the Crown chose not to drop historical sexual assault charges against him, as the defence had expected.
The Crown told the court it advised the defence it planned to “not proceed” with the three sexual assault counts against Oderkirk, who is also charged with obstruction of justice, stemming from allegations between 2010 and 2019.
The prosecution stated it required an adjournment as it continues to assess the reasonable prospect of conviction and awaits the necessary approval from superiors in the Crown’s office to withdraw the charges following review of evidence and documents.
Banister-Thompson told the court there is no new evidence against Oderkirk, who was arrested at his bail hearing two years ago when the charges were laid. Oderkirk’s lawyer expressed frustration the matter was not resolved and called the complainant an ‘admitted perjurer’ who had previously provided several statements to police and never once disclosed the alleged sexual assaults.
Publication bans protect the identities of the complainants from being revealed, including the nature of their relationship to Oderkirk.
The proceedings before Justice Craig Brannagan came two weeks after the Crown stayed separate historical assault and threat charges in Barrie against Oderkirk, who resigned from the OPP in September after 23 years of service.
Oderkirk, who had a checkered past with several incidents involving misconduct with the police, had been in custody for eight months on the latest charges against him. Oderkirk was released from custody following a bail review earlier this month.
In August, Oderkirk, who was found guilty in Perth, Ont., of two counts of breaching an earlier release by failing to abide by a non-communication order, was given a conditional discharge and three years of probation.
His lawyers said Oderkirk looks forward to defending himself and maintains his innocence.
As the Crown determines whether it will proceed with the charges, the matter is scheduled to return to court in a week. The allegations against the accused have not been tested in court.
