A Nova Scotia man who was sentenced to seven years in prison for molesting a young girl who once called him "Dad" has been granted a new trial and released from custody. The Nova Scotia Court of Appeal ruled that the original trial judge's reasons were factually and legally deficient, failing to provide a clear basis for the conviction.
Appeal Court Finds Trial Judge's Reasons Deficient
In a written decision released Thursday, Justice Robin Gogan of the Nova Scotia Court of Appeal stated that the trial judge, Nova Scotia Supreme Court Justice Patrick Murray, delivered a decision that "was confusing, contained errors and conflated the evidence and submissions." The appeal court emphasized that the trial judge did not make clear findings of fact and provided only conclusory findings on credibility.
"This was a case that hinged on the trial judge's assessment of credibility," Justice Gogan wrote. "In this case, the judge's decision contained an extensive review of the evidence and parties' submissions that was confusing, contained errors and conflated the evidence and submissions. He did not make clear findings of fact and provided only conclusory findings on credibility. The reasons are deficient."
Background of the Case
The man, identified only as D.P. in court documents, was convicted in September 2024 on charges including sexual interference and invitation to sexual touching. The alleged victim testified that D.P. engaged in inappropriate sexual conduct with her from the age of five until she was 12. D.P. denied the allegations, and his lawyer questioned the young woman's credibility, suggesting she had fabricated the allegations to restore her biological family.
The court heard that the girl met D.P. when she was five years old and he began dating her mother. Later that year, she and her mother moved in with D.P. and his daughter.
Current Status and Next Steps
D.P. is currently released with no bail conditions, according to JoAnn Alberstat, spokesperson for Nova Scotia's Public Prosecution Service. The lawyers involved are working to schedule a first appearance for the re-trial in Port Hawkesbury Supreme Court. During that appearance, the parties will address bail conditions.
The appeal court panel found that the trial judge's reasons did not fulfill the purpose of reasons as articulated by the Supreme Court of Canada, which requires trial judges to provide sufficient reasons for their decisions to allow for meaningful appellate review. "The reasons do not offer D.P. or the public with an intelligible rejection of the defence evidence nor explain the absence of reasonable doubt," the decision stated. "They fail to address live issues raised by the evidence and do not allow for meaningful appellate review."
