Totally sad story.
I cannot locate the Nov. 1, 1970 WT to see this "person."
If someone can locate the photo of P.D. (probably black), can you post it?
22. He recalled that Mr. Z.P. then gave he and his wife counsel with respect to forgiveness and urged them to consider Mr. P.D.’ good works as repentence. At the end of the meeting, he recalled that he and his wife C1 were very disillusioned.
25. As he testified before this Court, he agreed sadly, that nothing was done to do really assist C1.
[26] Mr. Z.P. recalled that after the meeting with C1 and the defendant, the full body of elders met to determine if the defendant could continue as an elder in the church. He recommended that the defendant be permitted to continue to serve as an elder because the events had occurred so many years before. He recalled this was a lengthy meeting and that it was a mutual discussion and mutual decision of the elders to allow the defendant to continue to serve as an elder.
[27] When testifying before this court twenty years later, he agreed that such a situation would not be handled today in this manner by the church. He testified that child abuse and other mistreatment of children has become a much more commonly discussed subject in recent years and, as a result, such issues have become more into the experience and knowledge of the elders of the church.
[29] He recalled attending a meeting in his role as a trustee at the D. Kingdom Hall. At that meeting, Mr. Z.P., C1 and her husband R. and the defendant discussed the allegations made by C1. He did not know the purpose of the meeting until he arrived. He remembered it was a long meeting and that he did not enjoy being there because he did not like what he was hearing. While he could not recall everything that was said due to the passage of time, he did recall that the defendant attempted to minimize what had happened. For instance, he remembered Mr. P.D. making a statement that his hands had slipped as if he was letting on that the touching incident was an accident. Mr. S.G. recalls that he simply did not believe that was the case. He recalled that after the matter was discussed, C1 was in tears and upset. He was emphatic that G.D. was not present at the meeting. Like Mr. Z.P., he had no notes of the meeting.
[30] Mr. S.G. recalled that after the meeting with C1 and her husband, the body of elders met to determine if the defendant should be permitted to carry on as an elder. The defendant was permitted to sit in on that meeting when the discussion took place because he was an elder of the church at that time. Mr. S.G. stated that a decision was made that the defendant would be able to carry on his duties as an elder.
[35] In the end, he recalled that Mr. Z.P. stated that the problem could not be resolved and it had to simply remain in the hands of Jehovah.
[38] Thereafter, C1 felt very uncomfortable in the D[…] community and felt shunned by many in her extended family. She testified that she had a hard time accepting that Mr. P.D. was still in the position of an elder. Finally, in 1993, she read an article that indicated he should not be in a position of control.
[40] At this meeting, C1 stated that she again repeated her verbal accusations. The defendant apparently then alleged that it was the first time he had ever heard about these allegations and C1 stated that she was amazed. Mr. L.N. indicated that the elders would have to get to the truth of the matter by speaking to the other elders who had been present at the first meeting in 1988.
[48] Mr. P.D. allegedly spoke of the culture in which he had grown up in Africa where sexual interaction with young girls was acceptable and sort of the norm. She recalled him allegedly saying that that he had done this (meaning some or all of the acts of touching and fondling alleged) because he loved C1 so much.
[58] R. testified that at that meeting, the defendant was allegedly reproved by the trustees for his behaviour. He recalled the behaviour being described as “risqué” which they considered somewhat unusual. He recalled the elders urged his wife C1 to get some counseling and to read some literature about being a victim of such behaviour. He testified that he found such comments somewhat disheartening and that his wife was not satisfied with the finding that the behaviour was “risque”.
[59] He remembered objecting when P.D. tried to hug his wife after giving the apology. He explained that he had loved her too much and he had found her to be the prettiest of his neices.
[66] Mr. M.D. had earlier given a statement to the Ontario Provincial Police as part of their investigation into this matter in 2005. In cross-examination, he was confronted with his statement which he gave to Officer Harrison. Mr. M.D. agreed that in his statement to the police, he told the officer that he was not able to describe the defendant’s response to the allegations against him because he was unable to remember. When the officer further asked Mr. M.D. if he remembered whether or not Mr. P.D. admitted to any wrongdoing, Mr. M.D. advised the officer that he was not able to recall. Clearly such questions go directly to his credibility.
[75] When the complaints were made by C1 in 1988, Mr. P.D. recalled the involvement of Mr. Z.P. as outlined above. He was emphatic that clearly nothing had been admitted because he walked out of the meetings as an elder. He disagreed with Mr. Z.P. that there had been any restrictions put on him as an elder and stated that he had never heard of a “half elder” in his church.
[100] However, occasionally she recalled him touching her bare bottom and putting his hands down her pants. She specifically recalled this occurring in the living room near a beige gas heater. She recalled that he was very friendly when he would do it and that he simply stated that his hands were cold and he put his hands down her pants. She did not recall feeling at the time that it was a wrong thing for him to do; she does remember that his hands were cold and it was uncomfortable. She never did anything about it and never complained to anyone about it. She remembered discussing it from time to time with her cousins. They s agreed that such behavior bothered them and that his hands were cold, but they just viewed it as something that he did.
[104] Mr. P.D. testified that he had a medical condition which caused his hands to be continually cold. He testified that he would heat them on the heater and put them on the children’s skin to warm them up. He indicated that in doing so, he was not intending to indecently assault or touch any of the children.
[138] Furthermore, to convict someone of a criminal offence, there must be some reliable evidence that the alleged offence at least took place in the time period(s) alleged in the indictment. While the defendant may very well have indecently assaulted the complainant in the time periods alleged in the indictments, I am not satisfied that the Crown has proven this beyond a reasonable doubt.
[139] I have considered the totality of the evidence relating to these charges and an not satisfied that the Crown has proven the charges beyond a reasonable doubt as framed in the indictment. Therefore, the defendant is entitled to the benefit of the doubt and the charges are dismissed.
[141] The totality of the evidence on these counts raises a reasonable doubt in my mind as to his intent to commit a criminal act.
[142] Hence, the charges of indecent assault against C3, being counts 3 and 6 in the indictment, are dismissed.
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