Man, 37, testifies at child porn trial

Fifth person to be prosecuted in Project Links case also pleaded guilty to sexual interference

During the recorded police interview played in court, the Hamilton man initially insists he’d never touch a child, but his story soon changes when shown a video of him sexually assaulting his friend’s seven-year-old stepdaughter.

The man, now 37, who cannot be named to protect the victim’s identity, then says he was too drunk to remember, before blaming his “bad” friend.

Finally, after more pressure, details emerge of what happened the night of April 16, 2016.

He had seen the homemade videos of his friend abusing the girl yet did nothing. That night, after drinking and doing cocaine together, the friend invited the man back to his place to “try it” for himself.

The man has pleaded guilty to sexual interference but not guilty to making child pornography, and took the stand at his trial to explain his side.

“It was my free choice,” the man conceded Monday in court, admitting he knew what was likely to happen when he went to the house that night. He watched his friend first, before his own assault.

“(He) lies when it’s convenient to him,” Crown attorney Janet Booy said. “Until he’s faced with direct evidence.”

The man’s lawyer, Stephen Bernstein, argued that just because he wasn’t “immediately straight” with investigators doesn’t mean he can’t be believed now.

When asked why he lied to police, the man said he was scared. He insisted he’s telling the truth now — that he “did not know” his friend was recording the sexual assault.

Hamilton police Sgt. John Tselepakis, a digital evidence expert who investigated the case, said the video uncovered by police was taken by the stepfather on his cellphone and at times was within inches of the accused. The phone’s LED light was on, illuminating the abuse taking place in the darkness.

“He knew or he had to have known that (his friend) was videoing at that time,” Booy said, later adding that “wilful blindness” is not an excuse.

The man is the fifth person to be prosecuted in the case police have dubbed Project Links. The girl’s stepfather is serving a prison sentence of almost 11 years for repeatedly sexually assaulting the girl and soliciting others, including on Craigslist, to participate.

The case began when the girl disclosed the abuse to her father, leading police to seize photos and videos. It was Tselepakis’ job to try to identify the people in the images, many of which were found on the man’s laptop under a filed marked “taxes.”

The girl’s aunt has been at each court date in the horrific case. She says it’s important that she attend, but this process has also led to a loss of faith in the justice system because of what she views as too-short sentences.

This final case is not yet decided, but the Parole Board of Canada has already agreed to release the first man convicted in Project Links on day parole to a halfway house for six months.

John Gallagher is serving a sentence of three years and seven months for possession of child pornography and making child pornography.

He admitted to responding to the Craigslist ads and making plans to come to the girl’s Hamilton house, but he never actually made the trip.

In a decision Wednesday, the parole board decision notes that Gallagher appeared remorseful. But he is prohibited from attending strip clubs and must receive treatment for sexual deviancy.

The 37-year-old returns to court Aug. 28 for the verdict.