ACCUSED SERIAL RAPIST: Gets bail in Ontario,
needs OK from Quebec judge
..
He’s accused of sexually assaulting three more women
the last time he was on bail
Gary Dimmock
Paul Batchelor won't be released from the Ottawa-Carleton Detention Centre until he also wins bail in Gatineau, where he's accused of sexually assaulting three more women.
Accused serial rapist Paul Batchelor, 35, has been granted bail while awaiting trial on nine counts of sexual assault, but he won’t be getting out of jail right away.Ontario Superior Court Justice Anne London-Weinstein granted him bail on Wednesday after Ottawa defence lawyer Oliver Abergel presented a plan under which Batchelor would live with his parents on the family farm in Warkworth, Ont., under house arrest with a GPS ankle-bracelet. The strict conditions ban him from being around “females” unless they are blood relatives and prohibit him from accessing the internet from any device with the exception that he’s allowed to watch Netflix.
The judge said the bail plan was so firm that she would have granted Batchelor’s release even if the Ottawa Crown Attorney’s Office didn’t consent, which it did.
However, Batchelor won’t be released from the notorious Ottawa-Carleton Detention Centre until he also wins bail in Gatineau, (Quebec), where he’s accused of sexually assaulting three more women the last time he was on bail. A Gatineau judge denied him bail earlier this year in those cases. If Gatineau prosecutors don’t consent to his release, Abergel will run a bail review with the hopes of securing his release.
“Due to COVID-19, Mr. Batchelor has lost his ability to have a speedy trial through no fault of his own. All parties, including the court, Crown and defence, worked co-operatively to come up with a plan that takes into consideration the protection of complainants while also taking into account the rights of the accused. This is a very tough and strict bail and the public will be protected,” Abergel said.
After sexually assaulting 3 women while bail for sexually assaulting more women, why would you think any kind of restraints would keep him from assaulting more women. Are his parents going to watch him 24-7? Are they going to be able to stop him from getting a phone and arranging meetings with unsuspecting girls? Canada's justice system is obscenely skewed toward the rights of prisoners at the very obvious danger to the public and victims. Batchelor does not deserve the extraordinary efforts of the justice system to keep him out of jail.
The Ottawa Crown Attorney’s Office consented to Batchelor’s release to avoid further pre-trial delays. His Ottawa trial — involving six complainants — was originally scheduled for August, but has been postponed because of the COVID-19 pandemic. The Crown’s office had a concern that they could possibly lose the case due to unreasonable delays, so in good faith it consented to his strict release plan after Batchelor waived his rights to ask for a stay because of unreasonable delay.
Batchelor was acquitted in two rape cases on June 21, 2019. He took the stand in his own defence, and, after his testimony, Ontario Superior Court Justice Robert Beaudoin sided with his story that he had consent in both cases. His testimony differed wildly from that of the women, who detailed horrific accounts of rape in 2015 at Batchelor’s Sandy Hill apartment. One of them likened it to torture.
In both cases, the judge said, Batchelor had consent for all of the sexual activity and noted consent could be given through actions without speaking a single word. Both women testified they did not consent and did not remain silent, but rather protested loudly and screamed during what they described as violent attacks.
Weeks later, the Crown filed notices of appeal, but later abandoned them.
While Batchelor walked out of court with a big smile after he was acquitted in June, it wasn’t long before he was back in court. Several women came forward to police after this newspaper featured his photo and reported on his reputed modus operandi.
Batchelor is now facing trials involving nine complainants; six in Ottawa and three in Gatineau.
A former insurance salesman, Batchelor has pleaded not guilty to all charges.
Victim details lasting trauma left by former N.S. teacher's sexual abuse
Keith Doucette
The Canadian Press
HALIFAX -- A victim of a former teacher and hockey coach who pleaded guilty to 35 counts of decades-old sexual abuse in Nova Scotia says a week hasn't gone by in the past 40 years when he hasn't thought about the assault.
The man, whose identity is protected by a court publication ban, was the only one of Michael Patrick McNutt's 34 victims to read a victim impact statement at a sentencing hearing Monday in Nova Scotia Supreme Court.
"Not until recently, through counselling and opening up to my family, have I been able to honestly tell myself that this was not my fault," the man told court via a telephone link.
"It is truly difficult to articulate how this has affected me. Would I have been different had this not happened? No one will know that for sure. This has always weighed on me, questioned my sexuality, impacted my confidence and my relationships and career."
The man said he was assaulted as a 13-year-old at McNutt's Halifax-area apartment in 1978 -- an incident he didn't tell his family about until four years ago. He said he was drunk at the time after drinking beer that McNutt had supplied.
The document says McNutt told the victim he "had a nice body" before he assaulted him. Two other boys were also at the apartment -- where the group was watching a hockey game on television -- and McNutt took each of them into a separate room over the course of the night, the document says.
McNutt, now 67, has pleaded guilty to 10 charges of sexual assault, 20 charges of indecent assault and five counts of gross indecency.
The document says another boy was indecently assaulted in 1979 and 1980 when he was 11 or 12. In the first incident, McNutt snuck into the boy's hotel room where he was sleeping with his younger sister and fondled him. It says the boy also suffered abuse at McNutt's apartment.
The statement of facts says McNutt held a permanent teaching position at Sir Robert Borden Junior High School between 1977 and 1983 but resigned in 1983 after "parental complaints regarding his behaviour with students."
He resumed teaching in 1985 as a substitute with the Halifax District School Board until a sexual offence complaint was made to police in 1994.
From 1977 to 1994, McNutt was involved with several minor hockey, baseball and football teams and leagues. He was also involved with the altar service and recreation programs at St. Joseph's Church.
The agreed statement noted that McNutt cannot recall specific details because of heavy alcohol use.
Crown attorney Mark Heerema told Justice Jamie Campbell on Monday that he is seeking a 15-year prison sentence.
"When a trusted adult, an adult in the inner circle of a child's life, exploits a child for his own sexual gratification, it's like dropping an atomic bomb on the development of that child's life," said Heerema. "For 19 years Michael McNutt went on an unadulterated and unbroken campaign to satisfy his sexual urges."
He said McNutt "weaponized" his positions of trust to ensnare young boys, and deserved as harsh a sentence as possible.
At one point Heerema told Campbell the impacts of the offences "far exceed" the sentence McNutt will ultimately receive in court.
"Above this utter depravity must rise the voice of this court in delivering its message of clear denunciation and deterrence," he said.
That would be nice, but it happens so seldom in Canadian courts where the criminal's rights and welfare are placed far above those of the victims or potential victims. I'll be surprised if he gets 5 years.
Defence lawyer Colin Coady called for a sentence of between three and five years, noting that McNutt had undergone treatment for his sexually abusive behaviour and hadn't offended for many years. "Mr. McNutt is clearly remorseful for his actions, he pled guilty," said Coady.
Earlier, McNutt's family doctor told the court that he is dealing with several health conditions including diabetes, pancreatitis and chronic obstructive pulmonary disease, better known as COPD.
As a result, Coady told the court his client would be at much greater risk of contracting COVID-19 in prison, although Heerema countered that the virus exists inside and outside prison and shouldn't be a sentencing factor.
McNutt also addressed the court saying that words couldn't express the "deep remorse and complete empathy I have for the victims and their families ... for the pain and suffering I have caused them."
"I do not ask for forgiveness because I have difficulty forgiving myself," McNutt said. "I do hope that by taking these guilty pleas that my victims might finally have closure."
Justice Campbell is to issue a sentencing decision on Tuesday.
Toronto dentist charged with sexually assaulting patients, sexual interference with minors still practising
Royal College of Dental Surgeons of Ont. investigating, but dentist not required to notify patients of charges
David Common, Madeline McNair · CBC News
Amir Haydarian practises out of the Mount Pleasant Dental Centre in Midtown Toronto. He was charged on June 26 and July 21 with multiple counts of sexual assault, assault and sexual interference with a person under the age of 16. (Michael Aitkens/CBC)
More than six weeks after being charged with multiple counts of sexual assault and sexual interference involving minors, with patients alleged to be among the victims, a Toronto dentist continues to practise.
His patients, however, likely have no idea what Amir Haydarian, 54, is accused of.
With the exception of a notice on the website of the provincial dental regulator, Haydarian is not required to post a notification of the charges on his website or in his office or to notify his patients. He has continued to take appointments at his practice, the Mount Pleasant Dental Centre in Midtown Toronto.
"People have a right to know," said University of Toronto bioethicist Kerry Bowman.
"Legally, it's quite complicated, but ethically, you have to have mechanisms where, if you believe there is any significant risk to a person — and particularly a child — that notification needs to be made clear to the public."
Haydarian was charged on June 26 with five counts of assault; one count of uttering a death threat; four counts of sexual assault; and four counts of sexual interference (a charge that applies in cases where the victim is under the age of 16).
He was subsequently charged with an additional count of sexual assault on July 21 and is currently out on bail.
Haydarian is not required to post a notification of the charges on his website or in his office or to notify his patients. He has continued to take appointments at his practice since being charged. (Amir Haydarian/Facebook)
The charges relate to offences that allegedly occurred between November 2019 and April 2020. The Toronto Police Service and its Child and Youth Advocacy Centre as well as Durham Regional Police Service have been involved in investigating the allegations. (Haydarian owns the building in which his office is located and also co-owns two residential properties in Toronto and a farm in Clarington, Ont., in Durham Region east of Toronto.)
The identities of the alleged victims and the specifics of the accusations are covered by a publication ban.
But CBC News has confirmed that the alleged victims include children under the age of 16 and that some of the alleged victims were Haydarian's patients.
Haydarian's lawyer, Joseph Neuberger, said his client intends to plead not guilty to all charges and "has had an unblemished career as a dentist."
"These allegations are shocking to Dr. Haydarian," Neuberger said.
None of the allegations has yet been tested in court. Haydarian's next appearance is expected in early September.
Police, courts not required to notify college
Under rules established by the Royal College of Dental Surgeons of Ontario (RCDSO), a dentist facing criminal charges is required to notify the college. But in Haydarian's case, the college learned of the charges from an alleged victim.
Neither the police nor the courts are required to notify the RCDSO of criminal charges against members of the professional organization, which serves as the regulatory body for dentistry in the province.
Bowman said that needs to change.
"Trust is the foundation of the entire system … and if you don't have trust, the entire thing falls apart," he said. "People have got to feel completely safe in medical and dental environments."
An investigator from the college formally interviewed the alleged victim who notified the RCDSO of the charges on July 6. But the college only confirmed that criminal charges had been laid on July 22.
On Aug. 7, more than a month after a complaint was initially raised, the college held an initial hearing into Haydarian's case.
Dentist's case being reviewed, college says
In a statement, the RCDSO said Haydarian's case is being reviewed by a panel of its inquiries, complaints and reports committee. "The panel has a range of options available to it, and the decision will be released in due course," the statement said.
A separate disciplinary panel could revoke the dentist's licence or take some other action. The college has not indicated which, if any, sanctions it's considering or whether the initial committee has imposed any conditions since the Aug. 7 hearing.
Haydarian, who according to his website has been practising for at least 10 years, is at the beginning of what could be a long battle in the criminal courts and before his own professional organization. The legal process could take years to resolve. The professional hearings could last 18 months, though they may be suspended until the criminal charges are resolved.
When a serious complaint, such as one involving criminal charges, is brought against a dental professional in Ontario, the RCDSO convenes an initial panel. It has the power to issue an interim suspension, preventing a dentist from seeing patients.
However, under provincial legislation, it must offer that dentist two weeks to respond, during which time the dentist is free to continue operating their practice and is not required to notify patients of those allegations.
"I don't think there is any reason the dentist requires two full weeks of notice. I think that's a long time," said Lorian Hardcastle, a law professor and specialist in patient rights at the University of Calgary.
She said laws in Ontario changed in 2017, making it easier to suspend dentists in the interests of protecting public safety but that the changes still don't address the long gaps between charges being laid and consideration of a suspension.
"I think there is no reason these committees can't strike up quicker and impose sanctions if they're going to impose them."
Physicians' regulatory body would 'limit or suspend' licence
By contrast, the regulator of medical doctors, the College of Physicians and Surgeons of Ontario, said in an email statement to CBC News that its legal team would work "to ensure it is a matter of days, not weeks, before these matters are resolved" in a similar situation.
Were sexual assault charges to be laid against a medical doctor, it said, it would "seek to either limit or suspend the license of the accused physician" and might impose restrictions on how they practise medicine, such as requiring a supervisor to oversee the doctor's work.
In the days before the panel hearing, Haydarian's office continued to book appointments for him.
"The dentist has a right to a full and complete review, but also during that time, people have got to be alerted and protected," Bowman said. "You're really putting up bureaucracy rather than protecting people."
In British Columbia, investigations into complaints of a sexual nature made to the College of Dental Surgeons of B.C. are handled by an outside investigator, according to information from the college.
Where criminal charges are involved, disciplinary action would only be taken before the criminal process is complete in extraordinary circumstances that involve protection of the public, the college said in an email to CBC News.
In B.C., when the continued practice of a dentist who is the subject of a complaint poses a risk to the public, the committee investigating the complaint may hold a proceeding and place limitations on the dentist's practice until the complaint is resolved through the criminal process.
Haydarian was released on bail on June 29. The conditions of his release are listed on the RCDSO website and specify that he must not contact any of the alleged victims, is prohibited from having weapons and must notify police if he moves.
Surely, the judge who released Haydarian must have been aware of the short-comings of the College of Dental Surgeons. He/she should have addressed the issue of him continuing to work with patients while on bail. The judge obviously had only the interest of the alleged criminal in mind, not the welfare of his victims or potential victims. This is typical of the Canadian Justice system. Children and victims have no voice.
Guard at Toronto's Eaton Centre charged after child porn discovered at home
CP24.com
A long-time security supervisor at Toronto's Eaton Centre mall has been charged with possession of child pornography, and police allege he watched and filmed children at the mall while on the job.
Toronto police say that on Aug. 12, officers searched a home in the area of Bayview and Moore avenues in Leaside as part of a child pornography investigation.
They allegedly found "child sexual abuse material" inside the home.
A man they identified as Craig McCourt, 51, was arrested and charged with two counts of possessing child pornography and two counts of accessing child pornography.
He is scheduled to appear in court at Old City Hall on Oct. 23.
Investigators say McCourt worked as a security supervisor at the Eaton Centre mall for more than 15 years. They allege that while on the job, he took pictures of children in the mall.
His image was released to the public on Friday.
Anyone with information is asked to call police at 416-808-8500.
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