14 ~ Sunday, January 31, 1999 ~ North Shore News

Avait

Robert Galster

News Reporter
robert@nsnews.com

NEARLY a year after a
human rights council
dismissed her complaint,
a North Vancouver
woman has filed a civil
suit against a local hotel
owner.

A statement of claim filed in
BC Supreme Court by the
woman and = two © other
claimants last Tuesday alleges
Ken Hutchinson, owner of
North . Vancouver’s Avalon
Hotel, sexually assaulted the
trio while they worked for him
at the horel between 1980 and
1993.

As a result of the assaults,
the claim alleges the women
have “suffered and continue to
suffer harm and injury” includ-
ing loss: of dignity and_ self-
esteem, impairment of normal
and proper sexual functioning
and depression. All three
women also report “suicidal
feelings” in addition to “loss of
enjoyment of life”.

The women allege these are

> the result of acts committed by

Hutchinson — that - included
fondling their breasts, touching

faces Civ

itel

their knees and legs, kissing
and sexual intercourse. ‘They
allege the acts took place
against their will.

The women’s names are
under a publication ban issued
during a criminal proceeding in
1996. At that time Hutchinson
faced a slew of charges, includ-
ing several counts. of sexual
assault stemming from com-
plaints filed by the women.

“That's the same three peo-
ple that we won against in the
criminal wial and the human
rights case again,” — said
Hutchinson. “It just seems
ridiculous.”

One of the original com-
plainants followed the criminal
proceedings with a grievance to
the human rights .council,
which held a hearing in 1997.
Last year, the council exonerat-
ed Hutchinson in a scathing
43-page judgment.

“The complainant’s testi-
mony was shown to have -a
number of inconsistencies in
relationship to important mat-
ters. She not only contradicted
herself between her testimony
in-chief and in cross-examina-
tion but also appeared to do so
in relation to other testimony
which she had given previously
at the preliminary inquiry and
at the criminal trial,” stated the

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wher

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human —orights —— council’s
Douglas Eastwood.

Last July, Hutchinson him-
self filed a civil suit against the
woman in BC Supreme Court
secking damages and an order
lifting the publication ban on
the woman's identity.

He states that he has suf
fered ridicule and contempt as
a result of the allegations made
against him and has been fur-
ther “severely injured in his
credit, character and reputation
as a citizen.”

But money is not what he is
after.

“1 fele that I've owed it to
my five children and my moth-
er who died a few months ago
to the interest of putting it
right,” said Hutchinson.

The latest claim is the third
proceeding he'll face as a result
of the same set of allegations.
To date his legal fees total
$200,000.

His lawyer J.J. McIntyre,
who also handled his criminal

procceding, speculated on the |

possible motivation for the suit.
“It appears to be a retalia-
tion,” said McIntyre.
The lawyer representing the
trio, Gail Dickson, did not
return News calls to press time.

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