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Former Claresholm restaurant owner given conditional discharge and probation for assaults

Jan 30, 2019 | 1:51 PM

FORT MACLEOD – A former restaurant owner in Claresholm was given a conditional discharge, along with 12-months probation, on two counts of common assault at a sentencing hearing in Fort Macleod on Wednesday, Jan. 30.

The 47-year-old pleaded guilty to the charges back on Nov. 1, avoiding a trial, and following the pleas a statement of facts was presented to the court by Crown prosecutor Dawn Janecke.

She explained that two victims – ages 17 and 19 – worked at the man’s restaurant when a variety of incidents occurred in 2017. The man would hug the girls and kiss them on the cheek to say hello, and at times put an arm around them.

On separate occasions, he also put his hands on their faces, initiating what both girls believed was a kiss that they immediately rejected and pulled away from.

On those charges, the Crown ordered a pre-sentence report that examined the man’s background to help determine the appropriate sentence.

The conditions of his probation include keeping the peace, meeting with his probation officer whenever necessary, and not having any contact with the two victims.

Additionally, he will have to attend counselling as required by his probation officer and cannot employ anyone under the age of 18.

In explaining her decision, the judge cited deterrence and denunciation as being critical to the sentence. Factoring in the time that has passed, the judge explained that she has no reason to doubt that the former restaurant owner has remorse for his actions.

The man also entered into a peace bond back in November on other allegations centred around similar circumstances in 2017 with four other female employees – three aged 15 and one who was 18.

The peace bond – which does not constitute a guilty plea – will remain in place for one year, during which he must attend any counselling or treatment as recommended by a probation officer, have no contact with the four girls, and not employ anyone under the age of 18.

Should he violate those terms, he could face criminal charges and be forced to pay $1,000.

Due to the fact the man employed the victims at his restaurant, he cannot be named in order to protect their identities.