Kerry McCluskey
Northern News Services
IQALUIT (May 03/99) - A single charge of sexual assault against Iqaluit business owner Bryan Pearson -- to which he had pleaded not guilty -- was stayed last week, after the alleged victim recanted his accusations.
Stemming from a series of incidents the young person alleged happened nearly two years ago, the Crown told visiting Justice Brenda Keyser that a stay of proceedings was necessary because the person had admitted in the last few days that what he had formerly alleged happened did not actually happen.
In his allegations, the complainant said that the incidents had taken place in the Astro Theatre, a public forum in which corroboration on the incidents should have been easy.
"There was no corroboration. The young person recanted and basically said he had not told the truth," said Pearson's lawyer, Susan Cooper.
While relieved, Cooper and her client, who has maintained his innocence since the beginning, would have preferred a final disposition in which Pearson's innocence would have been proven and he would have been completely cleared of the charges. With a stay of proceedings, the crown has the option of reactivating the case within a year.
"A stay of proceedings...leaves the implication that there's something out there," said Cooper.
"We would have preferred a final disposition...given what my client has been through in the last year, the effect on his business and his reputation."
Cooper said the publicity surrounding the incident, both in the media and on Nunanet's Political Discussion Forum, had negatively impacted his reputation as a community member and had hurt the theatre.
"There are simply not as many people attending there," said Cooper.
In the wake of the sexual assault charge and the stay, Pearson has also been left feeling angry that the legal process even occurred.
"It's extremely stressful to go through this process. It's even more stressful if you're innocent," said Cooper.
Pearson declined to comment on the matter, but Cooper said he was considering his options on how to respond to the incident, but would be staying in Iqaluit, his home for more than 40 years.