Dejaeger case delayed by Crown
Defence lawyer argues complainants concocted evidence
Miranda Scotland
Northern News Services
Published Monday, March 24, 2014
IQALUIT
Eric Dejaeger's trial was adjourned yet again to allow Justice Robert Kilpatrick to make a decision on another application brought froward by the Crown.
Eric Dejaeger: Pleaded guilty Nov. 18 to eight counts of indecent assault. His next court appearance is expected to be on May 26. |
Dejaeger previously pleaded guilty to eight counts of indecent assault but is still facing dozens of charges for incidents that allegedly occurred three decades ago in Iglulik.
His first court appearance was in 2011.
Kilpatrick said he had hoped the trial would be wrapped up by March 21 but that it was no longer possible because he needs time to arrive at a decision on the application.
Dejaeger, clothed in a blue sweat suit, leaned back in his chair and shook his head at the news.
"I tried my best," said the judge.
"You did," replied Dejaeger.
Throughout the trial, Kilpatrick has raised concerns about delays and has tried to speed the process by working late into the night to produce decisions on applications.
"Mr. Dejaeger has been waiting a long time for this," Kilpatrick noted in January.
In the Crown's most recent application, prosecutor Barry Nordin asked the court to consider similar fact, which would allow for the judge to view allegations in this matter in support of all other counts.
More than 40 complainants have testified in this case.
Similar fact has three uses: to show the accused has a certain pattern of behaviour, to support witness credibility or to act as proof of the guilty act.
Nordin argued there are similarities in the complainants' testimonies. All of the complainants were unsophisticated, naive and psychologically vulnerable. And the majority of them, he noted, were aged four to 16 at the time Dejaeger allegedly sexually abused them.
The locations were also similar with most of the incidents allegedly occurring within the mission.
Meanwhile, Dejaeger's lawyer, Malcolm Kempt, argued the unifying features the Crown pointed out are in fact not all that unifying.
The complainants' ages at the time of the alleged incidents vary greatly and so do the locations, said Kempt.
He conceded there are some similarities in the complainants' testimonies, such as the mention of bunk beds at the mission and Dejaeger wearing a long robe and a white collar. But these points were refuted in Father Robert LeChat's testimony.
Kempt also brought up the issue of collusion and collaboration among complainants in the case.
The Crown "poisoned" its own well of evidence by creating an opportunity for collusion, he said.
In January 2011, the Crown arranged for at least 11 complainants to fly to Iqaluit to see Dejaeger at one of his first court appearances.
The complainants stayed in the same hotel and "hung out" together.
Even complainants who weren't on the flight said they had heard about the trip.
The trip happened before the majority of complainants made statements to police.
Also, there has been extensive media coverage of this case, Kempt noted, and complainants have admitted to following along or being aware of the coverage.
Some complainants also admitted to being pressured into remembering "what happened to them."
If someone were to write a textbook on collusion and collaboration this case would be a perfect example, said Kempt.
"We have major collusion and collaboration in this case."
Nordin conceded that there was opportunity for collusion however, he said, there was no evidence of it.
The complainants discussed their experiences with each other not so they could concoct evidence but because their stories needed to be told, added Nordin.
To allege a "grandiose scheme" to fabricate evidence is "speculative the nth degree," he said.
Kilpatrick said he too had concerns about the issue of recovered and repressed memories.
The Crown didn't bring in an expert witness to speak on the topic, nor did the prosecutors ask the complainants how they managed to recover these lost memories, the judge noted.
"That troubles me because I have to make a difficult decision in terms of this application and I wonder if I've been given the tools I need," said Kilpatrick.
Kilpatrick is expected to release a written judgment on the application. Dejaeger's next court date has been set for May 26.
