Speculation rampant Leroux may leave inquiry early

Cornwall Standard-Freeholder

Tuesday, August 14, 2007 

Local News - By Terri Saunders

Speculation is rampant at the Cornwall Public Inquiry as to whether or not a key witness will remain on the stand to the end of cross-examination.

Inquiry staff have received a letter from Dr. Wayne Nadler, a city psychologist, in relation to one of his patients, Ron Leroux.

Leroux is in the early stages of cross-examination and has so far testified about his experiences over the past 50 years which have included allegations of child sexual abuse. Leroux has also admitted he fabricated portions of stories in the past as a way of taking revenge on his alleged abusers.

“We have had some correspondence (from) . . . Nadler,” said Pierre Dumais, commission counsel. “We felt duty bound to disclose the contents of that correspondence to all the other parties.”

That disclosure has not happened, as Nadler has suggested the contents of the letter is protected under the Personal Health Information Protection Act. The commission has set aside time Wednesday to hear submissions on the matter.

According to commission staff, additional communications have occurred between themselves and an attorney who represents Leroux. Despite initial indications from the attorney the letter could possibly be disclosed, inquiry staff has determined it’s best to address the matter before the judge before any final decision is made as to who gets to see the letter.

If Leroux is unable to complete cross-examination for medical reasons, parties at the inquiry will unfortunately find themselves in familiar territory.

In late February, after having spent several days on the witness stand, David Silmser was determined medically incapable of finishing up questioning at the hands of several parties.

Attorney Clint Culic said his client was in a fragile emotional state.

“The quandary that we find ourselves in is in order for him to endure cross-examination, he has to be tranquilized, and significantly tranquilized,” said Culic. “The side effect of that is it makes it difficult for him to deal with the questions and to provide proper, coherent answers.

“In order to control his rage, he has to be so heavily damped down that it becomes tritely easy to spin him around. I can’t see any hope for any change of that in the future.”

Silmser himself later penned a letter to Comm. Normand Glaude explaining why he was unable to come back before the commission.

“I could return. I could take the stand,” the letter read. “But for what purpose? To be held to ridicule? To be portrayed in the media as a drugged, violent criminal? It’s not worth the battle.”

In the end, lawyers for parties which didn’t have the chance to cross-examine Silmser provided the commission with documents supporting their positions regarding the man’s testimony.

Also today, lawyers for the Ontario Provincial Police were scrambling to get their hands on the original recording of a videotaped statement Leroux gave officer in 1997. On the copy played at the inquiry Monday and Tuesday, about eight sequential minutes are missing from the tape, although a transcript of the missing portion has been provided to the commission.

According to OPP lawyers, a request was made for the original recording to be transported this afternoon from Orillia to Cornwall at the judge’s urging. As of late this afternoon, the original was on its way to Cornwall and was expected to be delivered to the commission first thing Wednesday morning.