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Cornwall Public Inquiry

INQUIRY: Conspiracy theory 'preposterous': lawyer  

CORNWALL PUBLIC INQUIRY

Cornwall Standard Freeholder  

25 February 2009

Posted By TREVOR PRITCHARD

 

The idea there was a long-running conspiracy to cover up sexual abuse allegation in Cornwall was an "obvious absurdity," the attorney for an alleged sexual abuser told the Cornwall Public Inquiry Tuesday.

 

Michael Neville, the lawyer for Rev. Charles MacDonald, was among the parties who delivered his final submissions yesterday.

  

 In 1992, former altar boy David Silmser went to Cornwall police alleging that he was sexually abused by three men, including MacDonald and former probation officer Ken Seguin.

MacDonald was charged by the Ontario Provincial Police in 1996 with abusing Silmser and two other boys.

Eventually, MacDonald would be charged with abusing eight boys in all. But the charges were stayed in 2002 after a judge ruled the retired priest's right to an expedient trial had been violated.

In his closing remarks, Neville blamed former city cop Perry Dunlop, a well-known local crusader for abuse victims, for fomenting the clan theory.

 

He said the only basis for Dunlop's claim that a ring of pedophiles conspired to cover up sexual abuse allegations was the October 1996 statement of alleged victim Ron Leroux.

 

"It is preposterous and without any evidentiary foundation that Mr. Leroux's fanciful clan existed, let alone controlled the justice system," said Neville.

 

Neville also argued that Dunlop - who spent seven months in jail for refusing to testify at the inquiry - would have been a key witness at the proceedings.

 

"Parties here, many maligned by him . . . had questions for him, and wanted answers from him," Neville told inquiry commissioner Normand Glaude.

  

 "He was more than a distraction. He is a large measure of why you, and all of us, are here."

The inquiry, which heard its final witness in January, had a mandate to explore how institutions handled allegations of historical sexual abuse.

In his recommendations, Neville said that sexual abuse allegations should only be passed along to employers if the nature of employment involves "real, ongoing contacts" with children and if they have been investigated by a senior police officer.

 

"Some genies never go back in the bottle," Neville said.

 

Giuseppe Cipriano, a lawyer for Seguin's estate, said that when people accused of being a pedophile have to prove their innocence, it can lead to what he called a "moral panic" in the community.

 

"It is cold comfort to that person that he is presumed innocent in the eyes of the law, but his peers . . . have labeled him a pedophile," said Cipriano.

 

Seguin committed suicide in 1993. He was never charged with any criminal offences.

 

However, after his death, the Ministry of Community Safety and Correctional Services received nearly two dozen complaints from people who were allegedly abused by the former city probation officer.


 Aside (insert in Freeholder) CROWN'S DECISION ULTIMATELY BACKFIRED

Lawyers for the Ministry of the Attorney General's office defended the decision by one of their crown attorneys to proceed with one trial against an alleged sexual predator.

Leslie McIntosh told the Cornwall Public Inquiry that joining together all of the charges against Rev. Charles MacDonald would have both improved the merits of the case and made it easier on both MacDonald and his victims.

"There should not be two identical trials: one where the first set of victims would testify with the second set giving similar-fact evidence, and then a second trial where the second set of victims would be the complainant," said McIntosh.

"That would be not be viewed to be in the interest of either the victims of the accused."

At the time MacDonald was set to go to trial, he was facing charges that he had sexually abused eight boys.

The decision to join the charges together backfired: MacDonald's attorneys were able to successfully argue the retired priest's rights to a trial within a reasonable amount of time had been violated. In 2002, a judge stayed all the charges.

The Attorney General's office was one of four parties which delivered their final submissions yesterday.  

Article ID# 1450294

Comments on this Article.


Indeedy-do, this conspiracy thingee was a complete figment of the imagination of the kids who were/weren't abused. And the "farce" goes on!!! 

Reply | Report | Page Top Post #1 By booga-booga

Let me get this straight. The priest did violate these boys, but the charges were stayed as there was not an expedient trial? Excuse, and where is the justice in this for the victims? There appears to be several fundamental flaws in Canadas justice system. And the CAS in Ontario, that has no overseeing ombudsman and a history of taking children away from parents on trumped up "suspicions" need further investigation. Having a degree in Sociology, as well as Law courses, it is time that people start standing up to the wrongs in our society. We DO have the right to protest and say no, and our VOTES send a strong message to those in "authority". Next time you hear there is an election, ASK the politicians where they stand on reform of the justice system and the rights of victims. 

Reply | Report | Page Top Post #2 By majekin,

 Red

So far this only a unproven statement " If only people knew what they had to do to protect some officials. In order to protect the officials they had to side with the pediphile”  Show people what you know it can only help What proof do you have on this statement? I think you are assuming out of anger.

"Wonder why he didn,t follow up on any of my answers, but still took 2 years of his time to half ass investagate" As Giuseppe Cipriano stated statements as you have showed them only “moral panic" and they have not be proven. 

Reply | Report | Page Top Post #3 By itinerant,   

Itinerant.You are right i a,m very angery.I took the stand at this inquirey after being asked by a few parties.And i,m proud i took the stand, to tell who ever was listening what gilf greggain did to me.I did not go there and accuse the school board of any wrong doings, i did not go there to accuse sgt.Carol or the cornwall police of any wrong doings.For crying outloud as far as i was concerned at the time Sgt carol did everything possible to investagate my complaint.And certainly had all the information i could provied and if Sgt carol didn,t understand things he could of just asked me.Please tell me who i show, and who will it help.My testimony is much diffrent than there transcripts,I wonder why?Please tell me who do i show?

 Reply | Report | Page Top Post #4 By luckyred,

this freeholder also made me very angrey with there twisted, misguided,misleading articles they wrote in there paper about my evedence i gave at the inquirey.Why would they not address these terrible mistakes.ITs all there in black and white. 

Reply | Report | Page Top Post #5 By luckyred,

Itinerant.I promise you i am not assuming any thing out of anger.For i have nothing what so ever to gain from making up anything.And further more i,m hoping that the commisioner makes a ruling to open my complaint and have it properly investagated. 

Reply | Report | Page Top Post #6 By luckyred,

I don't doubt you at all red.

I was just trying to encourage you to enlighten people with at least some of the facts. The way you wrote the first post it would read to most as just an angry individual trying to stir the pot. Who to talk to at this time I cannot answer, sorry. I just hope the outcome of the inquiry is good for allAs for the media, well unfortunately they have less morality then the accused. A sad profession living off of the misfortune of others.  

Reply | Report | Page Top Post #7 By itinerant,

THe media has a right to print anything they want.That i agree with ,what i don,t agree with is the lies and gross mislesding mistakes on there part with no correction of the facts documented.I ask again why wont this paper correct there articles.Thats all i ever asked of them. 

Reply | Report | Page Top Post #8 By luckyred 

 

 
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