Lethbridge Courthouse

By Lara Fominoff

Raymond man found guilty of sexual assault at second trial

Dec 17, 2019 | 5:06 PM

LETHBRIDGE, AB – A 51-year-old man from Raymond, already convicted of three counts of sexual assault, and one count of indecent assault as a youth, has now been convicted of two counts of sexual assault as an adult.

The man was originally facing four counts of sexual assault and one count of sexual interference, however one of the sexual assault charges was dismissed earlier in the trial, while Court of Queen’s Bench Justice Johnna Kubik dismissed another count of sexual assault and sexual interference after the Crown failed to prove its case in those particular instances beyond a reasonable doubt.

The man’s name and those of the victims are protected by a publication ban. All the incidents date back more than 30 years.

While delivering her decision Tuesday, Dec. 17, Court of Queen’s Bench Justice Johnna Kubik told the court she found testimony from two female victims who were under the age of 14 at the time of the offenses credible and believable, while the testimony of the man was not.

“I do not find the accused to be a credible witness,” said Kubik at one point, and “I do not believe his evidence.”

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Regarding the first victim and second victims, Kubik found that assaults, including oral sex on many occasions, masturbation to the point of ejaculation and digital/ penile penetration, occurred in several locations including the girls’ bedrooms and a relative’s bathroom. While some of the exact dates could not be recalled upon cross examination, Kubik told the court nevertheless the detail with which the actual encounters were recalled, along with other factors rendered their testimonies believable.

A third alleged victim, while found to be an honest witness, could not account for time gaps and some accuracies in her testimony, therefore not proving beyond a reasonable doubt the sexual assault and interference charge against the accuser.

While the Defense argued that the accused demonstrated strength of character by coming forward to the Mormon Church in the 1980s and confessing some of what he had done, he refused to talk about the incidents when questioned by his mother after he came home from his two-year mission in 1989. Many years later when called to be a bishop, he did not admit anything; believing he was worthy of the position.

Kubik said some Mormon Church officials were aware of the incidents at the time, acknowledging the man’s confession. However, he was specifically advised not to report to authorities and after some apologies written and verbal was told it was “dealt with, and to forget it.”

Upon conviction, Crown Prosecutor Erin Olsen asked that the man be taken into custody, however Defense Lawyer Robert Bissette successfully argued that the man had a full time job, had no issues or breaches of conditions up until that point, and that it was not an appropriate case to revoke his release conditions. He was however, ordered to surrender his passport.

An update to the 51-year-old’s Pre-Sentence Report has been ordered and he will be back in court January 13, 2020 to set a date for sentencing.

The man was previously sentenced to 60-days in jail to be served on weekends, 30 additional days to be served in the community, and one year of probation back in March.