Glace Bay man not guilty of sex of­fences

Cape Breton Post - - CAPE BRETON - BY CAPE BRE­TON POST STAFF

A Glace Bay man was found not guilty Fri­day on 13 sex of­fences.

Supreme Court Jus­tice Robin Go­gan said she was left with rea­son­able doubt af­ter the al­leged vic­tim tes­ti­fied there were mul­ti­ple oc­ca­sions when she left her own daugh­ter alone with the man she ac­cused of sex­u­ally as­sault­ing her for more than a decade.

Ken­neth Francis MacKil­lop, 69, was charged with eight counts of in­de­cent as­sault, two counts of sex­ual in­ter­course with a fe­male who was not his wife, two counts of sex­ual in­ter­course with a per­son un­der the age of 14 and a sin­gle count of bug­gery.

The of­fences are al­leged to have oc­curred be­tween 1993 and 2003 and MacKil­lop was charged un­der the sec­tions con­tained in the Crim­i­nal Code at the time of the of­fences.

The only wit­ness to tes­tify in the case was the 49-yearold com­plainant and as Go­gan noted in her oral de­ci­sion, cred­i­bil­ity was a key el­e­ment in de­ter­min­ing a ver­dict.

She said the wo­man gave a com­pelling ac­count of con­tin­ued sex­ual abuse and that the qual­ity of ev­i­dence was con­sis­tent through­out her tes­ti­mony.

How­ever, Go­gan said she was trou­bled by the ev­i­dence of the wo­man leav­ing her young daugh­ter, some­times alone, with the ac­cused while she did er­rands or at­tended to other per­sonal busi­ness.

There was also other vol­un­tary con­tact the wo­man had with MacKil­lop in­clud­ing va­ca­tions and other events.

“I thought it had stopped with me. It’s not go­ing to hap­pen,” tes­ti­fied the wo­man, in ex­plain­ing why she con­tin­ued to have con­tact.

“I find this ev­i­dence trou­bling,” said Go­gan, that af­ter years of abuse, the wo­man pos­si­bly felt there was no risk to her own child.

The judge said while it was prob­a­ble the abuse did oc­cur that is not the stan­dard test for a crim­i­nal con­vic­tion that needs to be be­yond a rea­son­able doubt.

She said the tip­ping point was leav­ing the child with the ac­cused that left her with rea­son­able doubt.

The wo­man tes­ti­fied the abuse be­gan when she was ei­ther six or seven and ended when she was 18 or 19.

She tes­ti­fied there were mul­ti­ple in­ci­dents of sex­ual touch­ing, sex­ual in­ter­course (be­gin­ning at the age of 10) along with oral sex.

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