Times-Advocate, 1986-12-17, Page 2Page 2 Times-Advocdte, December 17, 1986
Local mannot guilty
on sex assault counts
Former Exeter Public School
teacher Michael Sofdan, 159 Thomas
St., was found not guilty on two
charges of sexual assault in Goderich,
Tuesday.
In handing down his decision, Judge
F.G. Carter noted that the conduct of
the accused was not praiseworthy,
and said having sex with a 16 -year-old
girl is reprehensible conduct, even if
the act was by consent as Soldan
contended.
The charges against the 39 -year-old
teacher were laid for incidents
related by the girl and were said to
have occurred in September of 1989
and again in March of 1985.
The complainant said one incident
occurred in a car while she was be-
ing driven home after baby sitting at
the home of the accused, while the se-
cond offence occurred at the Soldan
house after another baby sitting
assignment.
The complaint was laid after the
girl found out she was pregnant.
Soldan, who at first denied having
sex with the girl, admitted in later
statements to the police that he had
intercourse with her in March of 1985
after coming home from a rec league
hockey game. He explained that he
had not told the truth in his initial
statement because he was afraid of
losing his wife and he hadn't sexual-
ly assaulted the girl as charged.
Ile said the girl was a willing and
eager partner in the incident at his
house and he denied having sex with
her in his car, terming that story as
"garbage, absolute garbage".
The girl appeared confused and in-
termixed details of the two incidents.
Defence lawyer Norman Peel said
that her testimony was half truth and
in some there was no truth, while
claiming his client had given the
whole truth and nothing but the truth.
In relating the incident at the house,
the girl said Soldan was drunk when
he came home and after she assisted
him to his bedroom, the accused pull-
ed her down and then rolled on top of
her. She said she was crying and
screaming and Soldan pulled down.
her pants and forced sexual inter-
course on her. After he passed out,
she walked home.
In statements given to police and
court, Soldan said the girl followed
him down the hall at his house and
went into the bedroom when he sug-
gested she tuck him in. After talking
in the bedroom, the girl consented to
intercourse, but expressed concern
about becoming pregnant and he look-
ed unsuccessfully for a condom. After
the incident, he suggested the girl
take a warm, soapy bath to act as a
spermicide, and she did.
He said he was not drunk at the
time and had had only two beers after
the game.
The Crown argued that the bottom
line was whether there had been a
sexual assault, whether in the car or
house, and questioned what motive
the girl would have to accuse the
defendent other than the pregnancy.
He asked whether that would be suf-
ficient reason when another witness
had admitted a relationship with the
girl.
It was noted by the Crown that
Soldan had at first denied intercourse
and then later gave eight to ten pages
of almost pornographic detail of the
incident in the home. It was suggested
this was an attempt to overcompen-
sate in an effort to paint a good pic-
ture of himself.
Judge Carter said. the main issue
was the credibility of the complai-
nant, noting she hadn't complained to
police until after the pregnancy was
confirmed in August of 1985 and when
she was cross-examined, he didn't
feel she was upset at recalling events,
Permit total
still climbs_
The value of building permits
issued in Exeter this year continues
to lag slightly behind last year's
record.
Permits valued at $235,934 were ap-
proved by building inspector Brian
Johnston during November, bringing
this year's total to $3,311,548. The
figure for the first 11 months last year
was $3,871,099.
Two new residential dwellings
valued at a total of $125,000 were ap-
proved in November. There were nine
permits for residential renovations
and additions at $21,550, one institu-
tional at $18,384, and three commer-
cial at $61,000.
One permit for a utility building
added the other $1,000 to the month's
total.
Two suffer injury• , ear, :- ti s'., t1 iY
in dustrict cra es
Two minor injuries were reported
in the four collisions investigated by
the Exeter OPP this week.
Bonnie Kooy,jfuron Park, suffered
minor bruises in the first of the colli-
sions which occurred in Huron Park
on Sunday. She was walking along the
road and was struck by the mirror on
a vehicle being operated by James
Parker, also of Iliuron Park.
The other injury resulted from a
two -vehicle collision on Friday at
11:15 p.m., involving vehicles driven
by Joseph Freeman, RR 4 Clinton,
and Becky Rathwell, RR 1 Brucefield.
- They collided on highway 84 in Hay
Township and Ha thwell suffered
minor bruises. Damage in the crash
was $2,050.
Il was one of two collisions on Fri-
day, the other occurring at 4:55 p.m.,
on Highway 83 in Usborne. Drivers in-
volved in that one were Michael
McGregor, RR 2 Kippen, and Howard
Johns, Woodham. Total damage was
set at $1,300.
The other crash of the week was.
reported on Thursday in Hensall,
when vehicles driven by Ina Webber,
RR 1 Ilensall, and Mary Perry, Ex-
eter, collided at the junction of Nelson
and King St. Damage was listed at
$3,30o.
The Exeter OPP continued their
spot checkes on area roads during the
past week. A total of 576 vehicles were
slopped and drivers checked for
alcohol use.
As a result, there were two people
charged with impaired driving and
12 -hour suspensions were handed out
to another four drivers.
During the week, the detachment
officers laid 33 charges under the
Highway Traffic Act, 12 under the Li-
quor Licence Act and one under the
Criminal Code.
Fire board
Continued from front page
part ofthe fire department
operations.
That library training manuals and
films be updated or added to each
year.
That application be made to the
JEPP program, based on a quote of
$9,295, for standby emergency elec-
tric power and that if approved for a
50 per cent grant, this be included in
the 1987 budget. i
That the department develop fire
prevention inspection programs.
When the recommendations were
discussed by Exeter council this
week, Councillor Dorothy Chapman
expressed some concern over there
being no dollar value placed on some I
of the planned expenditures and
.wondered why all were being con- i
sidered for 1987 when the fire marshal
had indicated it was a five-year plan.
Fire board chairman Lossy Fuller 1
replied that the main intent was to
take advantage of the JEPP program
which ends next year and Mayor
Bruce Shaw added that the final deci-
sion will be based on the costs receiv-
ed and the availability of grant money
from the province.
ti
but at the discrepancies of her
evidence.
He wondered why shewould return
to the Soldan house in March to
babysit if she had been assaulted by
the accused in September and also
why she didn't warn her sisters who
also babysat there if heeversion was
true.
Judge Carter also noted there were
discrepancies in the statements given
to the police by both parties, but said
he could understand Soldan lying in
the first instance when he was ap-
prised of being charged with sexual
assault and had fears of losing his
wife.
GUIDES GO SINGING — Exeter Guides and their leaders presented their annual Christmas carol sing
at South Huron Hospital, Braemar Lodge and the Villa. Providing musical accompaniment was Peter Snell.
aft
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