Amy Hamm: UBC staffer shuts down claim he called Galloway a ‘serial predator’

Author Steven Galloway’s accuser once alleged that the head of campus security at the University of British Columbia (UBC) had warned that Galloway was a “serial predator.” The man in question says he has no memory of that ever happening.

At his defamation trail at B.C. Supreme Court Tuesday, Galloway’s legal team called retired UBC community relations officer Stephen Bohnen as witness. He testified that A.B., whose name is protected by a publication ban, came to his office in 2013 complaining that Galloway had given her several drinks of hard liquor and propositioned her for sex, which A.B. said was not an isolated incident. Bohnen said that his department wrote incident reports, including this one about A.B., as matters of documentation rather than investigation.

Galloway’s lawyer, Daniel Burnett, walked Bohnen through his 2013 incident report before showing him an email A.B. had sent to someone else. In this email, A.B. claimed that Burnett, who she referred to as “Steve,” was head of campus security, assisted her to put a safety plan in place, and told her that Galloway was a “serial predator.”

Bohnen testified that he was never head of campus security and has no recollection of ever telling A.B. that Galloway was a serial predator. “I certainly can’t remember anything like that,” he told the court, sounding flabbergasted.

A.B. accused bestselling novelist and former University of British Columbia (UBC) professor Steven Galloway of rape in 2015. The unproven allegations were deemed not to have occurred by retired judge Mary Ellen Boyd, who investigated the matter on behalf of UBC. Nevertheless, Galloway’s career, reputation, and mental health were destroyed by the highly publicized accusations.

Galloway’s lawyers also subpoenaed a former UBC student and friend of A.B., C.W. This witness pleaded with Justice Neena Sharma to issue a publication ban on her name to keep her out of the media. Sharma refused to issue a ban, which she said would violate the open courtroom principle and was an “extreme measure,” but noted that media present in the courtroom could observe the woman’s request.

C.W. testified broadly to her former friendship with A.B., while they were both students at UBC, to her experience in the creative writing program, and her reaction to how the university handled A.B.’s allegations. She said that the creative writing program was “very intimate,” and that Galloway “seemed concerned with fostering a collegial, respectful environment.” She also said that Galloway helped any student who asked for assistance finding an agent.

The woman testified that Galloway did this for Chelsea Rooney, the former student who spearheaded the campaign against him, at the behest of several UBC creative writing professors. She said she was shocked when Rooney contacted her post-graduation, first in a message and later a phone call, to solicit allegations about misconduct by Galloway — and stated that Galloway “violently raped” and choked A.B.

As per C.W.’s testimony, she questioned why A.B., who had been a close friend, never told her about the alleged crimes. She said she also demanded that Rooney explain why the allegations were not being taken to police, but testified she was not given a straight answer. Four days later, C.W. testified, Rooney copied her on an email encouraging the recipients to contact a Canadian Press journalist with any or all allegations against Galloway. C.W. said that she went on to contact UBC professor Annabel Lyon (one of the former defendants who settled with Galloway before trial) to express her alarm with Rooney’s informal and “unbelievable” investigation. “I feel any of us could be persecuted in this manner,” C.W. wrote to Lyon.

C.W. testified that Lyon deferred her to someone in the dean of arts office, who only ever issued a “formality of a response” to C.W.’s emailed concerns.

Finally, C.W. testified that she was present at the May 5, 2011 book reading event that occurred on the night A.B. said she was raped by Galloway in his office, prior to the event. As per C.W., A.B. “seemed in good spirits.” This echoed testimony given the day prior by another of A.B.’s former friends, who described her as “happy, lucid, and well put together” at the book reading.

Glynnis Kirchmeier, the self-represented defendant and law student, again presented to the court as floundering. Last week, Justice Sharma repeatedly interrupted Kirchmeier’s cross examination of Galloway, and went so far as to counsel her that she was putting together a defence that is not in alignment with her pleadings.

On Tuesday, Justice Sharma similarly halted Kirchmeier’s cross examination of Bohnen, the former UBC community relations officer. Kirchmeier asked Bohnen numerous questions about UBC’s internal policies, and who had access to campus incident reports.

Justice Sharma asked Kirchmeier to explain “how this is relevant to an issue I need to decide in this case.”

Kirchmeier stated that she wanted to show how UBC’s alleged mishandling of A.B.’s incident report would prove that she was not malicious for rejecting retired judge Mary Ellen Boyd’s investigation report, which essentially cleared Galloway’s name.

“Why would I need to know about the evidence I just heard?” Sharma asked pointedly. She allowed Kirchmeier to continue despite saying she wasn’t sure she understood the purpose of the evidence.

The court spent Tuesday afternoon in a voir dire (a trial to within a trial) hearing on the admissibility of an expert report. Justice Sharma is expected to rule on this early next week.

Galloway’s lawyer, Daniel Burnett, also spent parts of the day reading in transcripts from previous hearings, including a 2019 cross examination of A.B. in which she admitted lying to UBC about CBC’s legal team vetting her rape allegations. A smaller than usual crowd, of about 10 persons, was present in the gallery for the first half of the day, and dwindled after lunch.

Galloway’s legal team is expected to present their case for two more days before closing. Defence will then present their case.

Four defendants remain: A.B., Glyniss Kirchmeier, Mandi Gray, and Dana Kagis. Kagis has not appeared in court or mounted any defence. A.B. has chosen not to testify due to her mental health and risk of suicide, and is not arguing that any of her allegations were true (though she has also not admitted they were false). Several other defendants settled before trial began this month.

National Post

Disclosure: I had a prior friendship with Chelsea Rooney, a former defendant in this case, who settled ahead of the trial.