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Cornwall Public Inquiry

Inquiry witness says lawyer too rough

Cornwall Standard Freeholder
 Monday, April 02, 2007 - 10:00 

Terri Saunders

Local News - A witness at the Cornwall Public Inquiry says he felt revictimized after being cross-examined by a city police lawyer.

The man, who cannot be identified due to a publication ban, said he felt "pretty good" about the bulk of questions put to him by other parties, but took exception to those asked by Peter Manderville, an attorney representing the Cornwall Community Police Service.

"He wasn't asking me questions about the abuse I suffered or anything important like that," said the man.

"He just wanted to talk about my criminal record and all the things I did wrong in my life."

The man has claimed he was sexually abused by a city priest, a probation officer and a Crown attorney. The three alleged abusers have all since passed away.

The man said he felt Manderville's questions were aimed at discrediting him while pointing out inconsistencies in his testimony.

"That's not what this inquiry is supposed to be about," said the man.

"This is about figuring out why this abuse happened and why nobody did anything about it. It's not about the fact I might not have every single date straight in my mind."

At different points during his testimony, the man talked about individuals he observed in attendance at parties in the Cornwall area in the 1960s and 1970s, and meetings he witnessed between the same individuals at city restaurants around the same time period. At one point, the man, who is now 52 years old, talked about having observed former Cornwall police Chief Claude Shaver at a party with other men who had been investigated and/or charged in relation to allegations of child sexual abuse.

"In 1970 . . . you say you saw Chief Shaver at (a party)," said Manderville.

"M'hm," said the man.

"Mr. Shaver was in fact with the RCMP and not living in the area," said Manderville. "Did you know that?"

"No," said the man. "I thought he was . . . I saw him, so it could have been the wrong date, I don't know."

Manderville said Shaver did not join the city police force until 1983 and did not become chief until a year later.

"(That's) about 14 years after you say you saw him at (the party) and at the (restaurant)," said Manderville.

"Oh, I definitely seen him," said the man. "I know that I saw him."

"Fair to say perhaps it didn't happen in 1970," said Manderville.

"No, it was around that time," said the man. "That's what I thought."

The man said he clearly remembers seeing Shaver at both locations regardless of when the events allegedly occurred.

"I did see him there and I got nothing to win by saying it," said the man, "or nothing to lose by saying it."

Manderville also pointed to a pre-sentence report written in 1970 when the man was 16 years old. At the time, the man was charged with drug trafficking and a probation officer who met with the man and members of his family determined the man was adept at lying. The report suggested the man, "lies calmly, even in the face of irrefutable facts; appears to give no thought for the future, and is either unable to appreciate or totally disregards the logical consequences of his behaviour. One has the impression that he is interested only in the immediate gratification of his desires and is heedless of the inevitable result."

"I take it you would disagree with that assessment of you?" asked Manderville.

"Well, he's (the probation officer) got a degree," said the man. "I guess he must be right."

Following the questioning, the man said he wasn't sure if Manderville's approach was appropriate given the mandate of the inquiry, which is to examine the response of public institutions to historic allegations of child sexual abuse. Manderville also pointed out the fact the man had admitted to signing an affidavit submitted to the inquiry which contained falsehoods.

"I'm not suggesting that you deliberately swore a false affidavit," said Manderville, "but is it fair for me to suggest that you were indifferent about the contents of it?"

"Could be; could be fair," said the man. "Yeah. I'm just so used to signing things now."

The man compared the line of questioning to what women who made allegations of rape went through the court process years ago.

"When women were asked about these rapes, they were questioned about what they were wearing or what they said to the guy or what they had done to maybe encourage it," said the man. The inquiry will resume April 16.

 
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