Sexual Assault Charges against Former Pastor Tossed
By Kevin Martin
Ruling he was the victim of an abuse of process because of a negligent police investigation, a Calgary judge on Tuesday tossed out sexual assault charges against a former Calgary pastor. In a brief ruling which will be followed by a more extensive written decision, provincial court Judge Harry Van Harten stayed four charges Wagdi Iskander was facing. Van Harten agreed with defence lawyer Jennifer Ruttan that there were problems in the police investigation into her client. Ruttan had argued there were multiple problems with the investigation, including there could've been tainting of witnesses and there was evidence lost. But Van Harten in his oral reasons did not specify what exact facts led to his finding there was an abuse of process. Crown prosecutor Matt Block declined to comment on the ruling. The Crown could still appeal the decision and a favourable ruling could result in the charges being reinstated. Iskander was originally charged in April, 2015, in connection with allegations he molested an 11-year-old boy over a two-year period beginning in 1994. Police said the complainant, an adult at the time charges were laid, alleged he was molested approximately 50 to 60 times during counseling sessions in Calgary, Edmonton and in the pastor's home. No allegations were made that incidents occurred in church. Those charges were withdrawn by the Crown in November, 2015. But after Iskander, 54, was charged in connection with that complaint, three females came forward alleging minor sexual abuse. Those four charges involving two minors and a woman in her 20s at the time of the alleged offences were to go to trial this week. Ruttan also argued her client was a victim of an unreasonable delay, but Van Harten declined to rule in her favour on that Charter application. The male complainant whose allegations were withdrawn by the Crown first came forward to police in 1996, but due to the victim's youth the family decided to avoid the court process and opted to resolve it through the church. The alleged victim and his family approached police again in 2012, and the matter was reopened by police. During the time period from which those allegations surfaces, Iskander was the pastor of the Arabic Baptist Church which used space at the Cambrian Heights Baptist Church. The Arabic Baptist Church was subsequently known as the Arabic Alliance Church and used space at the Foothills Alliance Church. Iskander was an active pastor until 2012, according to police. Contact: KMartin@postmedia.com
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