No more delays
Justice Kilpatrick determined to see Dejaeger trial finish next month
Miranda Scotland
Northern News Services
Published Monday, April 28 2014
IQALUIT
Justice Robert Kilpatrick is not prepared to accept any more delays in disgraced priest Eric Dejaeger's trial.
Dejaeger's trial began nearly six months ago, although his first court appearance was in 2011. - NNSL file photo |
In a written judgment April 22, Kilpatrick stated that he expects the Crown prosecutor and defence to complete final arguments the week of May 26, as scheduled.
Dejaeger's trial began nearly six months ago, although his first court appearance was in 2011.
He is facing dozens of charges for incidents that allegedly occurred three decades ago in Iglulik. Dejaeger has pleaded guilty to eight counts of indecent assault.
Kilpatrick hoped the trial would wrap up March 21, but he was forced to adjourn it to address an application brought forward by the Crown.
Prosecutor Barry Nordin asked the court to rule on whether it will consider an application for similar fact, which would allow for the judge to view allegations in the case as supporting all other counts.
However, Kilpatrick has decided to hear final arguments before ruling on the matter.
Nordin previously argued for the court to consider similar fact based on the similarities between the complainants and their testimonies. The majority of the complainants were between the ages of four to 16 at the time Dejaeger allegedly sexually abused them and all of them were unsophisticated, naive and psychologically vulnerable, said Nordin.
Dejaeger's lawyer Malcolm Kempt, on the other hand, argued the ages of the complainants and the locations of the incidents aren't all that similar - in fact they vary greatly, he said.
Further, Kempt said, this case is rife with collusion and collaboration.
In January 2011, the Crown arranged for at least 11 complainants to fly to Iqaluit to see Dejaeger at one of his court appearances. They were all put up in the same hotel.
Complainants have also admitted to following along or being aware of the extensive media coverage on this case, added Kempt.
Kilpatrick stated he will address the issue of collusion on a complainant by complainant basis.
In determining the outcome of the application, Kilpatrick will follow a similar process to the one he will use to decide if Dejaeger is guilty. Therefore, it would be easier for him to give his decision on the similar fact application in the same judgment, he stated.
"The court would certainly be disadvantaged by having to prepare two lengthy judgments in circumstances where one detailed review of the trial should suffice," he stated. "If the parties are inconvenienced by not having the ruling at this point they are equally inconvenienced. Neither party secures an advantage by not having the ruling in advance of delivering their closing arguments."
