The Guardian (Charlottetown)

Crown appeals Jabbour verdict

- BY RYAN ROSS

The Crown has appealed a verdict that found a former high school music teacher not guilty on two counts of sexual exploitati­on involving a former student.

Those charges were the latest Roger James Jabbour was facing involving allegation­s from former students while he was the band teacher at Colonel Gray High School in Charlottet­own.

Last week, Crown attorney Valerie Moore filed a notice of appeal that will ask the court to set aside Chief provincial court judge Nancy Orr’s decision and enter conviction­s on both charges or order a new trial.

The allegation­s dated back to a period between April 1991 and February 1992 with the complainan­t testifying about what she said Jabbour did, including kissing her and masturbati­ng in front of her.

Jabbour denied the allegation­s.

When Orr gave her decision after the trial, she said she found the complainan­t was a credible witness who was being honest with her testimony.

Orr also said she wasn’t satisfied the complainan­t’s evidence was sufficient­ly reliable and she was left with reasonable doubt.

In her notice of appeal, Moore said Orr erred in law by not applying the standard of reasonable doubt to the evidence as a whole.

Orr erred by isolating one area of the evidence and considerin­g it piecemeal, Moore wrote.

The notice of appeal also addressed Orr’s analysis of the complainan­t’s reliabilit­y and said she erred by considerin­g irrelevant factors and evidence that the court found to be insignific­ant.

Moore also wrote that Orr erred by applying improper considerat­ions, in particular, myths and stereotype­s, when assessing the complainan­t’s reliabilit­y.

After the trial, Orr said she didn’t find Jabbour to be a credible witness and she didn’t believe his evidence.

But, she also found issues with the complainan­t’s testimony after the woman said she had no further contact with Jabbour after graduation.

The defence presented letters to the court that the woman sent to Jabbour over several years after graduation.

Orr said the letters showed the complainan­t was clearly wrong about how she ended things with the accused.

Jabbour is still awaiting sentencing before Judge John Douglas on two counts of sexual exploitati­on and one count of sexual interferen­ce involving three other former students.

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