Unfamiliar area for lawyers

Cornwall Standard Freeholder

Thursday, April 19, 2007 @ 12:00

Terri Saunders

Lawyers at the Cornwall Public inquiry have found themselves treading some unfamiliar waters in recent days.

In an attempt to wrap up cross-examination of the evidence presented by David Silmser earlier this year, attorneys are forced to go over his testimony in his absence. Doctors determined in February Silmser was unable to return to the inquiry for medical reasons.

John Callaghan is a lawyer representing the Cornwall Community Police Service at the hearings. He and other lawyers who didn't have a chance to question Silmser in person regarding the evidence he gave while on the stand are now attempting to scrutinize that evidence in front of Comm. Normand Glaude and offer some form of cross-examination by way of documents and statements as to whether or not Silmser's take on the process was what actually occurred.

One example stems from Silmser's suggestion police and Crown attorneys were dragging their heels when it came to laying charges against Rev. Charles MacDonald, one of the men Silmser claims abused him as a young boy. Callaghan said Wednesday officers conducting the investigation, for some time, only had Silmser's story to go on and putting together charges against the priest was not an easy task.

"His (Silmser's) retelling of the (alleged incidents) had to be scrutinized," said Callaghan. "There was no physical evidence; there was nothing to assist them."

Callaghan suggested Silmser's stories were "inconsistent" and were missing "crucial details." This meant prosecutors would have had trouble establishing reasonable and probable grounds upon which to take the charges before a judge, he said.

Glaude stepped in at one point in an effort to re-establish the ground rules for cross-examining evidence in the absence of a witness.

"You are not attacking his (Silmser's) credibility as to whether the acts occurred or not," said Glaude. "You are just trying to determine if the actions of the Cornwall police service were appropriate given the circumstances?"

"Yes," said Callaghan.

In early February, Silmser, long considered one of the most crucial witnesses to go before the commission, left the witness stand in the middle of cross-examination and has not been back since. Following several days of testimony, a lawyer acting for the alleged victim of childhood sexual abuse said his client had received medical advice suggesting returning to the stand would be detrimental to his health.

Silmser's evidence is considered essential in order for the commission to meet its mandate, which is to examine the response of public institutions to historical allegations of abuse in the Cornwall area. After all, Silmser had significant contact with the CCPS, the Ontario Provincial Police, the Ministry of the Attorney General and the Children's Aid Society. The inquiry continues today at 9:30 a.m. at The Weave Shed.