THUNDER BAY - The survivor of numerous sexual assaults at the hands of a 67-year-old man wept when he entered the courtroom, and when she learned that he had been found guilty the tears continued and she gripped the hands of weeping family members and supporters.
In a full Thunder Bay Courtroom on Thursday, Justice Bonnie Warkentin found the Oliver Paipoonge man guilty of sexual interference and sexual assault.
“I am convinced beyond a reasonable doubt about the guilt of the accused,” Warkentin said in court.
The accused was first charged in August 2017 after the complainant came forward earlier that spring, saying he had sexually assaulted her on several occasions during a period between October 2008 and December 2014 when she was between the ages of seven and 13-years-old.
A publication ban is in place to protect the identity of the complainant, which includes the identity of the accused.
The three day-trial was held in June and Crown attorney, Tiffany Boisvert, called three witnesses to testify, including the complainant.
During the testimony, the complainant described five separate incidents during which she was sexually assaulted by the accused, though recalled there could have been as many as 20 incidents of inappropriate touching and assault.
The accused testified in his own defense and he denied all the allegations of the complainant. Defense attorney, Neil McCartney, said during his closing arguments at the trial that the complainant’s testimony was ‘too hard to believe’ and that the accused should be given the benefit of the doubt.
Warkentin disagreed and while reading her verdict she said she had no reason to question the credibility of the complainant.
Warkentin said she disagreed with McCartney’s argument that the complainant lacked credibility because she did not remember the exact order of incidents correctly or that she did not come forward with the allegations sooner.
To assess the complainant’s credibility on those arguments would be to generalize or stereotype victims of sexual assault, Warkentin said.
“Her testimony was not shaken during cross-examination or the testimony of others,” Warkentin said. “Her credibility was enhanced by the testimony of others, including the accused.”
The accused was also charged with invitation to sexual touching and forcible confinement and was acquitted on those charges.
The accused remains out on bail with the added condition that he cannot leave the Thunder Bay District.
Following the conviction, people walking with the accused attempted to block members of the media from taking pictures by aggressively obstructing the view and using offensive language. They were also laughing and smiling as they walked away.
A sentencing date will be determined at the end of the month.
