Incest trial to resume in October

Following an afternoon of legal arguments Friday, the trial of a local man charged with sex offences involving children that date back more than four decades was adjourned until Oct. 9

Superior Court Justice Michael Varpio heard submissions from the prosecution and defence on the admissabilty of similar fact evidence.

He told assistant Crown attorney Trent Wilson and defence lawyer Wayne Chorney that he hoped to have his decision on the issue within a week.

Since the trial began on Tuesday, four Crown witnesses, including the two complainants, a relative of the women, and a city police detective have testified.

The accused has pleaded not guilty to rape, incest, sexual intercourse with a female under the age of 14 and two counts of indecent assault.

A court-ordered publication ban prohibits reporting any information that could identify the complainants.

Chorney indicated he intends to put his client on the witness stand when the trial resumes for three days next month.

Similar fact evidence may be presented at a trial to show an accused has previously engaged in related behaviour.

The onus is on the Crown to satisfy the court on a balance of probabilities that the probative value of the evidence outweighs potential prejudice.

During the trial, the two women, who are in their 50s and 60s, testified about incidents that they said occurred when there they were between the ages of seven or eight and 15.

One of women told the court she complained to police about her father's actions in 1980, but no charges were laid at the time.

Many years later, she again took her allegations to the Sault Ste. Police Service in 2016, and the accused was charged with three offences.

Two more charges were added a couple of months later when a second complainant came forward to investigators.

The arguments Friday centred around the issue of possible collusion and tainting of evidence.

Family members talking to each other doesn't automatically demonstrate collusion, Wilson said, noting this is a historical case, and it's not unusual to have people talking about it over the years.

"You're going to find some times in that family at least some details oozed out," he told the judge.

Chorney suggested there is a possibility, or even a strong possibility, that there has been collusion in this case.

The complainants are part of a large, what appears to be a close-knit family, that incessantly got together at events and celebrations over the past 40 years, he said.

The witnesses testified they never told anyone details.

"Applying common sense, do you really think every detail is kept secret by every member of the family for all these years," Chorney said. "Is there a cone of silence?"

The defence maintained that the complainants dislike and despise his client.

These are two women who "at the same time hate him. Is there motive to concoct? Surely there is." 

Wilson argued that the mere possibility of collusion isn't enough, and the standard is higher than a possibility.

In assessing tainting or collusion, the court will be looking at the evidence of who was talking to whom, the allegations and circumstances surrounding them, he said.

The prosecutor suggested there is substantive evidence, pointing to the ages of the complainants at the time of the alleged incidents, their descriptions of what they said he did to them and where it occurred.

Wilson said the Crown is alleging the accused went from abusing his young sister-in-law to assaulting his daughter.

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