Reasonable doubt makes Nunavut foster parent not guilty of molesting children

Justice Bonnie Tulloch in a judgment Nov. 4 that an Iqaluit foster parent, “probably” molested two children, but that the evidence she heard does not meet the test of reasonable doubt. (FILE PHOTO)

A self-described alcoholic who fostered children, “probably” molested an underage girl placed in his foster care and another underage girl in his home in 2013, but he is not guilty, Justice Bonnie Tulloch said Nov. 4 at the Nunavut Court of Justice.

“Probably” is not enough to meet the standard necessary for a criminal conviction, Tulloch said. Judges need to be certain that an accused person is guilty beyond a reasonable doubt.

“I must find not guilty on the charges before the court. But that doesn’t mean I don’t believe the two girls [who testified against him]. It means I have reasonable doubt,” Tulloch said in an Iqaluit courtroom.

“I believe the accused is probably guilty, but I must acquit him,” Tulloch said.

So the man, who Nunatsiaq News is not identifying, walked out of court a free man Nov. 4.

The man stood trial in September on four charges: three counts of sexual interference and one count of sexual assault.

The charges stem from allegations made by two girls, both minors, who alleged that the man molested them in the summer of 2013.

Only one of those girls was under his foster care at the time.

In 2013, the Government of Nunavut’s Department of Family Services listed him as a suitable foster care parent.

The identities of the two complainants and all other witnesses at his four-day judge-alone trial are protected by a court-ordered publication ban.

The department placed four children in the home in July 2013, the oldest about 11 years old at the time.

Tulloch said the four children were placed under emergency care due to abuse in their own homes.

But the addition of four foster children meant the three-bedroom home became “significantly overcrowded,” the judge said.

That’s because there were already five people living there.

One of the complainants, a nine-year-old in the man’s foster care at the time, said the man crept into her bed on two occasions and licked her ears and vagina, the court heard Nov. 4.

The other complainant, a young teenager staying at his home at the time, said she woke up with the man’s hands down her underwear, the judge said in her decision.

“The young girl testified that, ‘He was playing with me, he ruined my life.’” Following that, the accused said, “‘Shh, it’s OK.’”

But Tulloch said she found enough inconsistencies in the girls’ testimonies to form a reasonable doubt about the allegations.

The second complainant, for example, was so angry while testifying that she swore at the court, which got in the way of her testimony, Tulloch said.

“First, she said it happened once, and then she said, ‘It happened every fucking night they were drinking,’” said the judge.

And the other complainant couldn’t describe to the court what body part is used for licking, Tulloch said.

The accused, who testified in his own defence at the trial, denied all allegations.

He admitted to being an alcoholic, but said he was careful never to be alone with the foster children.

Defence lawyer Alison Crowe told Nunatsiaq News that while she is grateful for Tulloch’s decision, the judge did not mention “the numerous character witnesses who testified on behalf of [her client], most of whom had lived with him over the years and whose children he’d cared for and babysat.”

“They were all very definite in their support of him and that they had never seen any improper behavior towards any children on his part.”

Despite those witnesses though, Tulloch found the accused did not act in the best interest of the children in his foster care.

For example, he failed in his duties as a foster parent when he did not report abnormally sexualized behaviour by the children to family services.

“The accused should be removed from the list of acceptable foster parents,” Tulloch said.

The two young complainants were already damaged by sexually abusive and alcoholic households before living with the accused man and therefore should have been placed in an alcohol-free home, said the judge.

“Safe, sober foster homes are urgently needed in this territory,” Tulloch said.

She did not lay the blame on the GN’s family services department, but ordered a copy of her judgment to be sent to the government for their information.

“I hope you carefully consider how your drinking affects your own children,” Tulloch said at the end of her decision.

“You’re free to go,” the judge said.