Cop delayed trial far too long: Defence

Ottawa Sun

07 May 2002

By KATHLEEN HARRIS

A meddling officer who conducted a "secret" investigation into child sex abuse cases in Cornwall has impacted seven Project Truth cases with his unauthorized interference and stubborn lack of co-operation, a court heard yesterday.

Perry Dunlop, who withheld information from OPP investigators, was the key factor delaying Father Charles MacDonald's trial, said defence lawyer Michael Neville.

He has applied to have the 13 charges against his 69-year-old client stayed due to an unreasonable delay in prosecution.

Dunlop's "parallel investigation" into sex abuse complaints was an extreme perversion of the integrity of policing, said Neville, noting his actions were "ably abetted" by the media.

"He is arrogant, cocky, egotistical, manipulative, deceitful, non-obliging, reckless and fanatical."

RIGHTS INFRINGED

Concluding his case for the pre-trial motion, Neville argued MacDonald's Charter rights have been infringed because it has taken 4-6 years to bring the charges to trial. The reasons -- which include Dunlop's conduct, the launch of new investigations and ripple effects from other trials -- were all beyond his client's control, Neville said.

Justice Dan Chilcott said there was no doubt there had been a considerable delay, but that it must be weighed with broader considerations.

"Sometimes the real balance is the prejudicial impact on the individual against the societal interest in the community," he said.

Neville referred to past cases, including a Feb. 4, 2000 ruling by Chilcott in which he found the Crown had taken too long to bring Robert Campbell to trial for the 1993 death of his wife Sandra.

MacDonald, ordained in 1969, is accused of sexually abusing seven males between 1967 and 1983.

BRANDED A PEDOPHILE

Yesterday court also heard excerpts from an affidavit filed by MacDonald on March 26, in which he described the personal effects of being under a "legal cloud" for many years.

"To say that the allegations against me for so long have damaged me is the epitome of an understatement," the affidavit reads. "I have been branded as a pedophile."

MacDonald's name and picture have been broadcast, and stories on his case have appeared in international publications. While he was kept on salary until he was 65, the former Catholic priest said he'd still be preaching today if not for the allegations.

Neville also argued against Chilcott's proposal to proceed to trial before he rules on the motion to stay charges, but the Superior Court judge did not make a final decision.