Court reserves decision in post-traumatic stress case

The Manitoba Court of Appeal has reserved its decision in the case of a former Canadian soldier who admitted to sexually assaulting a 13-year-old girl, but was acquitted after convincing the Court of Queen's Bench he suffered from post-traumatic stress disorder.

Crown lawyer Don Knight argued before three Appeal Court judges Thursday that Roger Borsch, 35, gave statements at trial that were inconsistent withwhat he tolddoctorswho examined him and determined he had PTSD.

Borsch testified thatwhen he served as a peacekeeper for the Canadian Forces in Bosnia in 1994, he shota Serbian soldier after he saw him sexually assaulting a young girl.On another occasion, he said he saw a girl killed by a landmine.

Knight questioned which version of the stories thetrial court had accepted. Testimony from another soldier, who served in the same unit overseas, was not heard at trial but should have been, Knight added.

Mark Wasyliw, Borsch's lawyer, said psychiatrists and psychologists supported the claims made by his client. He also dismissed concerns expressed by the Crown Thursday that the decisionsets a bad precedent.

"There was so much evidence supporting what Mr. Borsch was saying. It's not a situation where someone just shows up and says I've done something bad let me get out of it. I think it would be very hard to make all this up, and for somebody to do this in the future. The courts would see through that very easily," Wasyliw said.

The former soldier never denied attacking the 13-year-old girl in her home in The Pas three years ago.

Under the Criminal Code of Canada, a person can commit an illegal act but be found not criminally responsible due to a mental disorder.

There is no indicationof when the Court of Appealwillhand downits ruling.