Ex-Sarnia fire chief acquitted of sex charges
Judge says he was not convinced beyond a reasonable doubt allegations occurred
Hugs and tears erupted among supporters as former fire chief Patrick Cayen was acquitted of 24 sexual charges involving a young girl.
“I am overwhelmed ... I am trying to catch my breath. I have lived under a terrible shadow,” said Cayen outside the Sarnia courthouse Thursday.
Cayen was terminated from the chief ’s position following charges five years ago. Bail restrictions had Cayen under a curfew and travel restrictions.
Cayen’s lawyer Phillip Millar said no action against the city is contemplated.
Cayen, 59, said his life has been destroyed and he will be trying to rebuild it, but he will not be returning to fire services as a career. Cayen faced charges including multiple sexual assaults and sexual touching of the complainant while she was naked. She was a minor at the time of the alleged offences 12 to 15 years ago.
The fundamental issue is whether he has satisfied beyond a reasonable doubt the alleged incidents actually took place, said Superior Court Justice Russell Raikes during the hour-long reading of his decision.
Cayen repeatedly denied sexually assaulting the girl during his trial testimony.
“None of it happened, nothing,” Cayen said during one of his denials.
It was the classic he said, she said case, said Raikes when he reviewed the testimony of the complainant, who is now an adult, and Cayen. Raikes said he found Cayen to be a credible and reliable witness. During her testimony the complainant recounted incidents that she alleged occurred during a three-year period and rejected suggestions it was a made-up story. The complainant did not pad or exaggerate her evidence, which was clear and compelling, said assistant Crown attorney James Boonstra during the trial. Raikes referred to a number of points in the complainant’s testimony including telling a friend that she was not sure if a touching by Cayen was real or not. There was a remarkable lack of detail for some of the incidents described by the complainant, said Raikes. The complainant told one person there were no incidents after a certain point, but testified there were incidents after that point. Raikes said he did not disbelieve the complainant and was not prepared to say the incidents never happened, but he was not satisfied beyond a reasonable doubt they occurred.
“It is not enough for me to determine that these events probably happened or likely did. I must be sure. I am not. Therefore, I must find the defendant not guilty,” said Raikes.
Upon hearing Raikes final lines, the complainant and her family quickly left the courtroom.
It was a tough situation for everyone, but Raikes enforced a standard of the law that is just and fair, said Millar. A court order bans publication of information identifying the complainant.
Cayen became Sarnia’s fire chief in 2005 and had started work in 2003 as the deputy chief. He lost his job and declared bankruptcy since being charged in November 2012.
It was Cayen’s second trial on the charges.
His 2015 conviction on these allegations was overturned by Ontario’s Appeal Court a year later, setting the stage for the second trial that started in January. The Appeal Court ruled it had been an error to allow testimony regarding alleged incidents for which Cayen was not charged to be used as evidence.
It is not enough for me to determine that these events probably happened or likely did. I must be sure. I am not.