Grandfather sentenced to 14 months

A Miramichi man was sentenced to 14 months in prison Tuesday for three incidents of touching with part of his body for sexual purposes someone under the age of 14.

A publication ban prevents the printing of the convicted man's name and before he read the sentence, Judge Fred Ferguson said both the Crown and defence lawyers agreed on the ban because they didn't want to brand the victims for the rest of their lives. "I think it probably was a wise decision."

Ferguson sentenced the man to four consecutive months on each of two counts involving his granddaughters and six months for one count involving his adopted daughter.

On the first count, the man went to visit his son and stayed in the same room with two of his granddaughters.

Crown attorney Jean Guy Savoie told the court the man put two fingers inside one of the girls' panties that night and although he had planned on staying with his son for a few days, the man left early the next morning.

The girl, who was three at the time, told her mother what happened the next day and the mother took her to the hospital where they found no signs of penetration.

When she was interviewed later by a social worker, the girl repeated the story.

On the second count, the man was driving a tractor with another granddaughter who was six at the time of the incident.

The girl sat on his knee and as the convicted man touched her thigh he got an erection.

He then pushed her down on him and moved against her for about two to five minutes.

The third count involved his adopted daughter when she was six or seven.

Savoie told the court the man would wrestle with the girl outside a bedroom in his home until they ended up inside the room and onto the bed, where he would lay on top of her and laugh so she wouldn't think anything was wrong.

Savoie said it happened a few times a week and she remembered calling for her brother to come in, but her father would tell him to get out.

At the time, she didn't know if what her father was doing was wrong, but it felt gross to her.

She eventually told her mother what happened and the incidents stopped after the mother talked to him about it.

The Crown asked for a stiff penalty and recommended consecutive sentences of nine-18 months.

"Hopefully this type of incident can be deterred."

When Savoie made his recommendation someone in the gallery spoke out in disbelief.

"That's it?" she said.

As the convicted man sat at the front of the gallery, the mother of one of the victims read a victim impact statement only a few feet away.

She cried as she told the court she had trusted the man with her children many times before he was convicted.

"I feel like the monster," she said.

The adopted daughter also read an impact statement and explained she was abused as a child before they adopted her, but it didn't have the same impact because she had no emotional connection to those people.

"He took my spirit and he changed who I was," she said.

She struggled to read the statement, stopped a few times to compose herself as her voice broke, apologized and said she felt she brought it on herself.

"I feel ashamed of who I am and what I have done in my own life."

The woman went on to say she struggled with drugs, let men abuse her physically and mentally, and she struggles to have intimate relationships.

"I feel like I'm a broken spirit who can't be fixed."

Defence attorney George Martin said when the convicted man hired him, he told him he was going to plead guilty and cooperate with police.

Martin said the man was ready to accept any penalty and didn't want to try and get a lighter sentence.

"I certainly saw genuine concern and remorse for the victims."

Martin also said the man cooperated with police and submitted to a polygraph test for another case.

The convicted man cried as his lawyer addressed the court, his eyes locked straight ahead as he wiped his nose with a tissue.

Martin said it is no secret the man's sons want nothing to do with him, but he asked the court to consider there was no penetration in any of the incidents.

Before Ferguson retired to his chambers to make his decision, the convicted man addressed the court.

"I think my family knows how I feel and the regrets I have," he said.

The man broke down and sobbed when he said he has the rest of his life to make up for what he did.

"Damn it I'm gonna try."

During the recess a woman entered the courtroom room and asked a sheriff if she was allowed to speak to the convicted.

She cried as she hugged him and when she left the man turned to face the wall and sobbed.

After a few minutes his mood changed and was more upbeat when he started to talk to his lawyer about international politics and the gas pipeline explosion in British Columbia.

When Ferguson returned with his decision after about 40 minutes, he explained the reasons behind the sentence and said nobody can know what the long-term impact will be on the two children.

"There is a betrayal of trust by the activity."

The adopted daughter suffered a loss of her sense of well being and only time, if anything, can heal that, he said.

"I accept the damage that was done to her as real."

He went on to say the convicted man lead an otherwise productive life, but has since separated from his wife so she can try to maintain close contact with their family.

"The future is uncertain whether or not they will reunite."

Ferguson said he was the judge on the case from the start and refused to accept guilty pleas twice because the man didn't have a lawyer at the time.

"It shows a true and honest remorse for what has taken place."

But he said it must be made clear in the community people in trust should not see children as objects of sexual interest.

The three incidents occurred over a long period of time, which Ferguson said he took into account when he decided on a sentence.

"Admittedly he has not been treated in the interim."

Ferguson said the sentences should be consecutive because the incidents had no bearing in time or location, but he added he could not render an unjust sentence and is accountable to the court of appeals.

"Totality is always an important consideration in this kind of case."

The convicted man will be required to have his name on the sex offender registry for 20 years and provide a blood sample for a DNA profile.

Once he is released he will have two years of supervised probation and will have to undergo treatment.

During the probation period he will not be allowed alone in the company of children under the age of 14 and he was ordered to pay a $300 victim surcharge.

As she left the room, the man's daughter cried and said he affected her whole life.

"He got off easy."