The Huron Expositor, 1994-12-21, Page 11Local
MaiMaii. convicted of sexual abuse
Judge calls it difficult decision
A McKillop, Twp. resident was
,found guilty last Tuesday on three
counts of sexually abusing his
teenap daughter.
"This is the roost difficult type of
;,case for the courts to decide: a
jt straightforward allegation and a
tstrhightforward denial," Mr. Justice
1J.F. McGarry, of London, said
yesterday.
McGarry dismissed three of the
,charges and found the man guilty
on the remaining three, saying the
girl's story aid demeanour were
"credible." The man will be back in
court at 10 a.rn. Dec. 28 to be
sentenced. By taw, he cannot be
identified, in order to protect the
identity of the daughter.
The man pleaded not guilty Mon-
day to six charges. The abuse
allegedly occurred between Septem-
ber
1992 and December 1993. She
was 14 years old at the time.
The girl said on one occasion, her
father called her into the upstairs
bedroom she shared with a sister.
When she walked in, he was lying
in her bed, fully dressed. She said
,he had been drinking, pulled her
: clothing down and began fondling
;her, and told her to do the same to
'him. A few minutes later, she said,
she went downstairs, and shortly
after that, one of her sisters told her
that her dad was calling from
upstairs. The girl testified she went
back upstairs where the same events
; occurred. She also said her father
l'asked her if she had told anyone
about what had happened after the
l first time.
She also told the court that he
always seemed to be just outside
the door when she was finishing a
shower, and would say he had to
come in to use the toilet. When he
did, he would tell her to take off
her clothing, and he would then
fondle her. The girl also said her
father would pinch and poke her
yeasts when she walked by or
when she was talking to him, often
leaving small bruises.
The father vehemently denied all
the allegations; saying, "I wouldn't
even dream of something like that."
The girl said there had never been
any occasions before these incidents
in which her father used inappropri-
ate speech or behaviour. She said
he ste mo er was working shifts �,
when bags ire~: ,1 c
I During the same said 7Lo41( 6
., `fhb
"This is the most difficult type of case for the
courts to decide...a straightforward allegation
and a straightforward denial..."
The girl's father said there were
,likely times when I banged on the
(bathroom) door and told someone
to get the heck out," he said. But if
he had to use the bathroom that
badly, he added, he would go out-
side, since the family lives in the
county and his neighbours were not
close enough that they would be
offended.
The father also said the family
has been in ongoing counselling
since he remarried, including
courses in stepparenting offered by
the Huron -Perth Centre for Youth.
"I wanted one happy family, I
didn't want this," said the father.
Huron County Crown Attorney
Bob Morris asked the man if he
wasn't worried about the fact that
the son who was convicted of sex-
ual assault is back in the house, and
is often alone with the younger
children.
" I object," said Hill. "What's the
result of this line of questioning?"
"Well, that's what we'll find out"
replied McGarry.
"It relates to his credibility and
his lifestyle," Morris replied.
"We're talking about specifics,"
retorted Hill. "Not my client's role
as a parent."
"I can't disabuse myself of that,"
McGarry agreed.
"Why would she make this up?"
Morris asked the father.
Hill objected again, saying,
"There's no onus on the accused to
explain away the complaints.
However, the father said he
believed his daughter's complaints
to the CAS about her stepmother
were an attempt to force them into
letting her live with her mother. He
said her accusations against himself
and her brother were all part of the
The sistere pr who was supposed to
have called the girl to back upstairs
denied any such incident ever hap-
pened. She said their father would
never go into their beds, and that, if
he wanted any of them to come to
where he was, he would call them
himself, not send someone to get
them. She testified he never made
inappropriate comments or actions
towards any of the children.
"He wouldn't do that, not to us,
not to anyone else," the witness
testified, her voice trembling. She
began to cry when Morris cross-
examined her about her relationship
with her sister.
"We're not close now," she said.
"1 don't want to see her because
of what she did to my dad and my
brother."
"How about if you turn that
around: what they did to her'?"
Morris replied.
"It's not true. She's a liar," the
witness said, crying. She also said
that while she loved her father, she
wouldn't lie to help him.
A family friend, called to testify
for the defence, said the accused "is
a good father, a good husband and
a good friend. I've known him all
my life, and he's only been con-
cerned about his kids. He's not
capable of doing what he's accused
of doing."
"But you can't tell us what he
might do behind closed doors, can
you?" Morris asked.
"I'd like to think I have a good
relationship with him, and I believe
I could detect these things," the
man said firmly.
"Do you have any special training
for this sort of thing?" asked Mor-
ris.
"No, sir," the man replied.
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she complained to the Children's
Aid Society that her stepmother
threatened to kill her.
The CAS investigated her com-
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was, they did nothing about it,"
defence lawyer Perry Hill, of
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"You were disappointed and
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Residents
of the
Township of
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The Township Municipal
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December 24, 1994 and
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January 2, 1995.
Merry Chrlstmas and 8 -
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