By Taylor MacPherson

Closing arguments heard in Turcotte trial

Oct 27, 2016 | 5:00 PM

Witness credibility was the focus of closing arguments at the trial of a school counsellor accused of sexual assault.

Gerald Turcotte, 49, is charged with sexual assault, sexual interference and invitation to sexual touching. Turcotte is alleged to have sexually assaulted a female Grade 5 student while he worked at St. Francis School in Prince Albert during the mid ‘90s. (http://panow.com/article/607879/sexual-assault-trial-begins-school-counsellor)

Defense lawyer Estes Fonkalsrud said the testimony of the complainant and her mother, whose names are protected by a publication ban, raised “significant concerns with regard to credibility and reliability.”

Fonkalsrud said the specific details provided were not corroborated by the testimony of school officials, and said the facts provided by the complainant were “simply riddled with inconsistencies.”

In addition, Fonkalsrud said “very little weight” should be given to the identification of Turcotte by both the complainant and her mother. The complainant had misidentified Turcotte at a preliminary hearing, and Fonkalsrud called her mother’s request to approach Turcotte and look into his eyes before confirming his identity “borderline theatrical.” (http://panow.com/article/609250/tearful-testimony-turcotte-trial)

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Fonkalsrud said the Crown’s case fell “far short” of proving the allegations against Turcotte beyond a reasonable doubt.

The complainant stood-up and walked out of the courtroom during Fonkalsrud’s argument, and returned when the Crown began their closing statement.

Senior Crown Prosecutor Shawn Blackman admitted there were inconsistencies in the testimony heard during the trial, but the crown considered them “minor.” He argued “a very clear picture comes out” when the evidence is viewed as a whole.

Blackman said discrepancies between the testimony of the complainant and her mother were “entirely expected” in a case which occurred 20 years in the past and involved a minor. In some cases, Blackman noted, too much consistency can point to collusion between witnesses. Blackman further argued the school officials who testified may have been interested in distancing themselves from any allegations.

The Crown argued the identification of Turcotte in the courtroom or preliminary hearing was not as important as the defense made it seem, as Turcotte’s employment record verified his role as counsellor during the period when the assault allegedly happened.

Blackman argued the testimony was consistent on the major details of the case, and said particular care was required when scrutinizing the credibility of a witness who was a minor at the time and admitted to suffering from cognitive and memory issues.

Justice Grant Currie reserved his decision on the case, saying he will need some time to examine the evidence in detail. Currie set a tentative date for his decision as Tues. Nov. 1.

Taylor.macpherson@jpbg.ca

@TMacPhersonNews