Marathon man guilty of decades-old indecent assault

Superior Court Justice Edward Gareau found a Marathon, Ont. man guilty Wednesday of a nearly 40-year-old sexual offence after rejecting the accused's trial testimony as "robotic" and "rehearsed."

Bonaventure Sabourin had one response - "never happened" - even for the most difficult questions or those that didn't call for such a response, the judge said, indicating he wasn't impressed by the evidence the 56-year-old man gave during his four-day February trial.

Sabourin flatly denied that he sexually touched the complainant or that anything inappropriate happened, Gareau said.

He described Sabourin's evidence as unbelievable, difficult to accept and lacking "the ring of truth," when he convicted him of indecent assault for events that occurred in White River between Nov. 14, 1980 and Dec. 31, 1982.

"The evidence of the accused had an insincerity to it."

At the time of the offence, the victim was between the age of 10 and 13, while Sabourin was 18 to 20 years of age.

Under the then relevant section of the Criminal Code of Canada, "everyone who indecently assaults a female person is guilty of an indictable offence and is liable to imprisonment for five years."

A publication ban prohibits reporting any information that could identify the complainant.

Gareau described the totality of the complainant's evidence as "compelling and convincing." 

The woman testified about three separate incidents that she had specific recollections about, indicating she was providing these details because the incidents were clear to her.

She indicated her other memories were blended and said "I couldn't be certain of anything sexually happening."

Gareau noted she had told the court "I don't feel it is fair for me to share everything that I don't have a specific recollection of."

There were "numerous opportunities for the complainant to embellish or exaggerate her evidence but she did not do so," he said.

She was vigorously cross-examined by the defence, but her evidence remained consistent and "her version of the events were not seriously shaken," he said.

Gareau called her response to a question about why she came forward when she did as "unscripted, unrehearsed and spontaneous.

"It is a believable response and speaks volumes about the compelling nature of the evidence given by the complainant as a whole."

The woman had told the court what occurred is in her mind every day.

"I want peace, that's all I want, just peace. I want nothing else."

The judge found that Sabourin touched the complainant inappropriately, over and under her clothes, and attempted to make her perform oral sex.

"I am certain that these events occurred beyond any reasonable doubt," Gareau said, and convicted Sabourin of indecent assault.

A date for sentencing will be set on April 24.

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