'I just need to breathe': Nygard accuser spends emotional day challenged over testimony

WARNING: This article contains descriptionsof sexual abuse.

The first of five accusersto testify that she was sexually assaulted by Peter Nygardwrapped up her testimony on Thursday, sobbing a number of times as defence for theCanadian fashion mogul continued to hammer away at her credibility.

The woman, who spent 2 days in the witness box, was cross-examined by Nygard's lawyer Brian Greenspan, who focused on the night of her attack.

Nygard, 82,has pleaded not guiltyto five counts of sexual assault and one count of forcible confinementin alleged incidents involving five women, dating fromthe late 1980s to 2005.

The woman, whose identity is protected under a publication ban, had previously testified that Nygard sexually assaulted her in his private bedroom suite at his Toronto headquarters after they had attended a Rolling Stones concert in December1989.

On Thursday, she spent much of the time trying to counter Greenspan's attempts to poke holes in her story. He challenged several elements of her previous testimony, including whether there was enough room in the suite for Nygard to chase her around the bed, whether he could have undressed her at the same time as he undressed himself,and whether she saw dozens of boxes of condoms in the bedroom suite.She often dabbedher eyes with tissues,while the judge twice had to ask if she was OK to continue.

Accuser's memory questioned

The woman had told court that at some point followingthe concert, she was in Nygard's car, expecting him to drive her home, when he asked if she would go intohis building for a drink.

Greenspan pointed to her earlier commentthat whenshe had been out with Nygardpreviously,there was never any discussion about drinks, no alcohol was consumed and Nygard never indicatedthat he drank alcohol.

"All of a sudden, you claim that he's inviting you in for a drink?" Greenspan asked.

"A drink is a verygeneral term," the woman said. "It couldmean a tea, it could mean a Coke, it couldmean a glass of water, it could mean a juice."

"That wasn't how you interpreted it, though, was it?" Greenspan asked.

"Yeah, that's how I interpretedit," she said.

Greenspan also brought up the woman's testimony that, while she was in Nygard'scar, the thought flashed acrossher mind that if she went with him,"he's going to rape me."

In her1998 police statement, she saidthat Nygardwas being playful and a bit flirtatious and that in their previous outings, he had never madeany sexual advances andnever attempted to kiss her.

"Yet when he'sbeing playful in the carabout 'come on up for a drink,'what comes to you mind is, 'he'sgoing to rape me,'" Greenspan said.

"I'm a bit clairvoyant and sometimes I have flashes," she said.

"Your clairvoyanceat that point didn't cause you to pause and say, 'No, thankyou, take me home?'" Greenspan asked.

She said she didn't have those capacities at the time, but reiterated her previous testimony that because of Nygard's social status, with friends including then prime minister Brian Mulroney, she thought she would be safe and ignored her internal warnings.

'I'm extremely distraught now'

During a pause in the proceedings, after Greenspan asked the woman about going into Nygard's private bedroom suite, she broke into tears, promptingSuperior CourtJustice Robert Goldsteinto ask if she needed a few moments.

"I just need to breathe," she said, taking some deep breaths before saying shecould continue.

Greenspan again referred to her 1998 statement to police, nine years after the alleged assault. She told themthat shetried to openthe door to get out of the bedroom suite, but she didn't remember if therewas a door handle or not. But in court 34 years after the alleged assault the woman saidthere was no handle.

"Your memory has improved with age, is that correct?" Greenspan asked.

"Some parts of the brain lightup at certain times," she said.

The woman again became visibly upset during questioning about her contact with Nygard's security guard after the attack. While Greenspan challenged her over what she had told the guard,she began to sob.

"I'm extremely distraught right now," she said, prompting Goldstein to take a recess.

Former roommate testifies

Court also heard from a woman who had been a roommate ofthe accuser during the time of the alleged sexual assault. She said the complainant had told her the next morningthat Nygard had sexually assaulted her.

She said she couldn't recollect if the complainant got into details about what she alleged happened, but she did remember her saying that she couldn't leave and that she felt very powerless in the situation.

The complainant had earlier told court that her roommate said she shouldn't go to police about the alleged attack becausethey would make her life miserable. Under cross-examination, Greenspan askedthe former roommate ifshe had attempted to dissuadethe complainantabout reporting the matter to police.

"I don't recall having any conversationabout that," she said.

Court also heard from the retired detective who interviewed the complainantin 1998 about the alleged assault. She said the woman told her days later that she didn't want to proceed.

The retired detective said she wanted to pursuethe case,but"I could think of no other way to go forward without an [alleged] victim."

"We were limited to aswhat we could do," she said.