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  Duthie Found Not Guilty
Retired Minister Acquitted on All Charges of Abuse

By Aaron Hall
Daily News
December 5, 2008

http://www.chathamdailynews.ca/ArticleDisplay.aspx?e=1330933

Rev. Robert James Duthie was found not guilty yesterday by Superior Court Justice Terrence Patterson.

Surrounded by friends and family while walking out of the Chatham courthouse, Duthie expressed his pleasure with the verdict.

"Of course we are very happy and pleased and thankful for our justice system," the 69-year-old said.

He declined to comment on how the entire process of the case has affected him.

"We'll get on with things," Duthie said

He thanked reporters for their attendance before leaving. Duthie's lawyer David Jacklin said yesterday's outcome removed a huge weight off his client's shoulders.

"I think it's a big relief to Rev. Duthie," said the veteran lawyer.

"This has been hanging over his head for two-and-a-half years. You heard the judge's reasoning on that, where he found him not guilty. He believed him when he testified, so I think it's a vindication of Rev. Duthie."

Jacklin said it was unfortunate Duthie was dragged through this process amidst the allegations of sexual abuse.

"It's sad that after 30 years, when he was a stalwart member of this community and a clergyman, that he had to go through this," Jacklin said.

"It would appear that the system worked in the end."

Jacklin said Duthie's battle with Parkinson's disease and other significant health problems took a toll on him.

"He was arrested in this matter, taken by the police and it has been hard on him . . . a lot of the reason being because of his health problems," Jacklin said.

The trial began Monday for the former minister of Victoria Avenue United Church in Chatham.

Duthie, of Cambridge, pleaded not guilty to charges of indecent assault on a male and gross indecency stemming from decades old allegations.

Justice Patterson provided his rationale yesterday before announcing Duthie was not guilty.

Patterson said the testimony of the complainant, a 46-year-old man who is not being named, raised a reasonable doubt in his mind on its validity.

Patterson described testimony from the accuser of alleged sexual conduct in Duthie's office at the church, at Duthie's home and on a church retreat in Forest.

"This testimony does not have a ring of truth to it," Patterson said.

"It is unclear whether any of these instances actually happened."

The testimony when the complainant recalled flashbacks of the sexual abuse during a morphine-induced hallucination, put doubt in Patterson's mind, he said.

Bringing a book -- which included the complainant's story of alleged abuse -- with him to provide a statement to the Chatham-Kent Police Service in 2006, was another example of testimony from the accuser that raised doubt in Patterson's mind as well, he said.

Patterson said Duthie was "forthright" during his testimony.

"I believe he did not commit the offence," the judge said.

Neither Duthie nor the alleged victim -- who sat beside a woman and an employee with the Victim/ Witness Assistance Program -- appeared to show emotion after Patterson announced his verdict.

The complainant and assistant Crown attorney Rob MacDonald both declined to comment following the hearing.

 
 

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