Music teacher’s sex acquittal to be appealed
The acquittal of a Chatham music teacher accused of sexual offences involving more than two dozen former students is being appealed by the Crown. Claude Eric Trachy, 72, was found not guilty in April of multiple counts of indecent assault, sexual assault, sexual interference and sexual exploitation involving 25 former students he taught to play the violin or viola, dating as far back as the 1970s.
The court heard Trachy touched students’ breasts, and had some remove their tops, while measuring them for a shoulder rest. In acquitting Trachy, Ontario Superior Court Justice Thomas Carey ruled on April 23 that the teacher did not touch his students for a sexual purpose.
The judge also found Trachy’s evidence to be credible that he did the measurements to help students to be able to play the instrument better.
Lawyer Ken Marley, who represented Trachy during the trial, said having briefly looked at the notice of appeal, the Crown alleges Carey erred in law by not interpreting the touching properly by finding there wasn’t a sexual context to it.
Another aspect of the appeal is based on the judge dismissing the Crown’s similar fact application that was made at the conclusion the Crown’s case, Marley added. Such evidence is intended to demonstrate people tend to act in manner consistent with their character.
“There were other grounds cited, but those were the main issues that I think were identified in the notice of appeal,” Marley said. The Windsor lawyer said he will not represent Trachy at the appeal, noting the Chatham man was referred to counsel in Toronto that handles appeals. Marley said the appeal process will involve counsel for Trachy and the Crown going over the transcripts of the trial and the judge’s reasons for the verdict in order to make written submissions to the Court of Appeal.
The Court of Appeal has three choices, Marley said, including dismissing the appeal, which means the acquittals stand. The court could grant the appeal and make a finding the judge erred in law, he added.
If this happens, Marley said, one of two things can take place: replace the acquittals with convictions or order a new trial.
“If they grant the appeal and order a new trial, then the case gets sent back to the Superior Court in Chatham, where a new trial date would be scheduled,” he said. Marley said Trachy was “certainly relieved when Justice Carey found him not guilty ” but added he knew there was a 30-day period for the Crown to consider whether to appeal.
Carey’s ruling prompted some criticism.
Michelle Schryer, executive director of the Chatham-Kent Sexual Assault Crisis Centre, told media the decision is “another clear piece of evidence about why the #MeToo movement has come to be and why it’s important, because … giving voice to experience is sometimes the only modicum of justice and victory that a woman can have.”
One of the complainants in the trial, who can’t be named due to a publication ban, told The Chatham Daily News the verdict smacked of victim blaming. Noting the decision seemed to come from another era, the complainant said, “Sitting with many survivors and loved ones while hearing this devastating decision was an experience I will never forget. And I hope to never repeat.”