Child porn charges against local man stayed, judge places him on peace bond

A Sault Ste. Marie man no longer faces child pornography charges.

The Crown stayed two counts Tuesday against Michael John Fucile when he appeared in a local courtroom.

Instead of continuing the 41-year-old man's trial, which had begun in June, Ontario Court Justice Romuald Kwolek suspended the proceedings.

He placed Fucile on a six-month peace bond with conditions restricting his contact with young people under the age of 16.

In an interview, prosecutor David Didiodato said the decision followed a further judicial pre-trial which indicated there were issues with the Crown's case centering on a warrant, as well as potential delay issues.

"There were problems with their case," defence lawyer Jennifer Tremblay-Hall agreed.

Fucile was charged with possession of child pornography and distribution of child pornography — offences that were alleged to have occurred between May 2017  March 2018.

He pleaded not guilty to the charges, and on June 19 — the first day of the trial — Kwolek heard testimony from a Sault Ste. Marie Police Service officer.

Det. John Rice, a member of the technical crime and child exploitation unit, detailed his investigation and described the images he had discovered and traced to the accused.

The following day, the trial was adjourned after the lawyers told Kwolek evidentiary issues had arisen and they were discussing resolution  of the matter.

The peace bond prohibits Fucile from going to any public park or swimming area, daycare centre, playground, schoolground or community centre, where persons under the age of 16 are present.

As well, he can't seek or obtain employment, or volunteer, in any capacity involving being in a position of trust or authority towards a person under the age of 16.

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