To find Sean Maheu not responsible, decide Barry Nordin of the provincial court docket made it clear that he was not satisfied of the accused’s innocence.
Article content material
Calgary basketball coach Sean Maheu was acquitted Tuesday of 4 sex-related prices involving allegations he abused a 15-year-old participant.
Commercial 2
Article content material
However when he discovered Maheu not responsible, provincial court docket decide Barry Nordin made it clear that he was not satisfied of the accused’s innocence.
Article content material
“It isn’t as a result of I consider your denials. I do not,” Nordin advised the Calgary Man.
“However somewhat, as a result of I’ve to have a look at the proof as an entire. Contradictions and inconsistencies (within the complainant’s testimony) go away me with affordable doubt.”
Nordin stated the onus in a felony case is on the Crown to show an individual’s guilt and on this case prosecutor Rose Greenwood fell brief.
“The burden of proof is excessive. At present you’re the beneficiary of that burden.”
Maheu denied sexually abusing a male participant 4 instances over a one-month interval in 2017 and stated his relationship with {the teenager} was not shut.
Commercial 3
Article content material
However Nordin did not settle for it, suggesting they have been a lot nearer than the defendants claimed.
“I’ve issue accepting the accused’s denials right here. He intentionally saved his relationship with the complainant to a minimal,” the decide stated.
He agreed with protection legal professional Matt Deshaye that the complainant’s testimony raised issues concerning the accuracy of his allegations.
“I’ve affordable doubts concerning the complainant’s model of occasions and due to this fact I have to acquit.”
Throughout closing arguments in November, Greenwood prompt there have been issues with Maheu’s testimony that he by no means sexually abused the boy.
“There are causes on this case to disbelieve Mr. Maheu,” Greenwood stated.
“Mr. Maheu stated he was not notably near (the complainant),” she stated, noting that was disputed by one other participant who testified on behalf of the protection.
Commercial 4
Article content material
-
Medicine, alcohol have been a strategy to cope with sexual abuse by coach, a witness testifies
-
Basketball coach ‘courted’ teenager earlier than sexually abusing him, Calgary court docket heard
And he or she stated the prosecutor had no motive to make allegations in opposition to his former coach three and a half years after he final performed for him when he first gave a press release to police.
However Deshaye questioned the witness’s accuracy, noting that he admitted to utilizing medicine every day from his enjoying days till he met Det. Trish Allen on November 13, 2020.
“It is near a three-and-a-half-year interval the place (he) used medicine every day,” the legal professional stated, noting that {the teenager} consumed quite a lot of medicine, together with cocaine and psychedelics.
Deshaye additionally argued that the then-teenager’s mom could have influenced his recollections of his contact with Maheu.
Nordin stated that regardless of the complainant’s drug use, the alleged sufferer’s reminiscence was good about collateral occasions.
Maheu nonetheless faces an excellent cost of sexually assaulting a youngster at a gaggle residence. That listening to is ready for March.
KMartin@postmedia.com
Twitter: @KMartinCourts
