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  Judgment Day Looms for Priest

By Linda Richardson
The Sault Star
September 19, 2009

http://www.saultstar.com/ArticleDisplay.aspx?e=1760878

Kenneth Gibbs will learn in November whether a judge thinks the former Anglican minister is guilty of dated sex offences involving young girls.

On Friday, after nine days of hearing testimony and legal arguments at the 76-year-old man's trial, Superior Court Justice Edward Koke reserved his decision until Nov. 9.

Gibbs, who is charged with nine counts of indecent assault, has pleaded not guilty to six of the counts and guilty to the remainder.

The offences, which involve six complainants, are alleged to have occurred in Chapleau and Elliot Lake from 1966 to 1980.

A publication ban prohibits reporting evidence that might identify the complainants.

During the trial, the court heard from 12 witnesses, including the complainants and the accused. The women described incidents where they say Gibbs fondled their breasts or vagina when they were children.

The various incidents are alleged to have occurred at church, the rectory and at one of the complainant's home.

When he testified, Gibbs denied the allegations, but admitted to touching one complainant on three occasions.

In his closing argument, prosecutor Mike Kelly called the accused's evidence "evasive and non-responsive" especially during cross-examination. The assistant Crown attorney pointed to times when Gibbs "minimized his conduct" in regards to the girl he admitted touching.

Citing numerous inconsistencies throughout the man's testimony, Kelly urged the court not to accept his evidence. "You can't rely on what he says because of his tendency to interpret and mislead the court," he told the judge.

In reviewing the evidence of two complainants, defence counsel Andre Berthelot agreed they were "believable . . . But they are mistaken witnesses, are unreliable," referring to testimony that revolved around the type of chairs at the church. "The events they relate couldn't have happened."

He pointed to inconsistencies and lack of reliability in the evidence given by the various women.

Berthelot suggested the most unreliable indicator was the six complainants' testimony about frequency of the acts. The estimates ranged from five to 80 over varying time periods. "It's a guessing game, an estimate. The most they possibly can guess is that there were repeated occurrences," he said, urging the court to bear that in mind when making its determination about his client.

 
 

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