Principal denies knowing teacher cheated on swim test
Rejects defence claim he consented to students wearing life vests to pass
A Toronto high school principal has repeatedly denied a defence lawyer’s suggestion that he’s “shading the truth” about events leading up to the Algonquin Park drowning death of student Jeremiah Perry in order to protect his career.
“You were well aware that Nicholas Mills allowed the students to do the swim test wearing life jackets, and consented to that decision. You disagree?” Phil Campbell asked during cross-examination Friday.
“I respectfully disagree,” replied Monday Gala, who was principal at C.W. Jefferys Collegiate during the five years when Mills, a teacher at the school, ran the REACH program. Perry was a 15-year-old student who drowned on the trip on July 4, 2017.
The teen wasn’t wearing a lifejacket and had failed a swim test two weeks earlier that was supposed to be a prerequisite for going on the trip. Mills is on trial for criminal negligence causing death and has pleaded not guilty.
On Friday, Campbell suggested Gala condoned Mills practice of allowing students to do the swim test wearing life preservers because it was unfair many would be disqualified from the trip, but that he can’t admit to that now.
“Can we agree … Mr. Gala, it would be potentially very bad for your career?”
“That is a hypothetical question,” Gala said, waving his hand in front of his computer camera, adding “this is not about my career.”
Campbell conducted his cross-examination masked, sitting in the downtown Toronto courtroom with co-counsel Neill Fitzmaurice and Mills. Witnesses, including Gala, are appearing on a large monitor.
Gala was asked if he actually believed that every student who took the trip over the five years had passed the swim test?
“That’s what I would have believed, yes.”
“You know a lot of at-risk, or marginalized are denied recreational opportunities, right?” the defence lawyer continued.
“We know that … students deal with historical marginalizations, so you, know, yes.”
Campbell pointed to an interview where Gala told police he watched students in the C.W. Jefferys pool years earlier “with or without life jackets.” Campbell said it was clear from the transcript they were discussing a swim test for the annual Algonquin trip.
But Gala said he wasn’t certain what he saw that day “was the actual test.”
“What did you think was going on if it was not swim testing,” Campbell asked.
“Listen … for me, I saw the students swimming … whether or not that was the test, I can’t tell you.”
Campbell also asked Gala if it wasn’t true that the high school’s student body lacked access to swimming lessons.
“I wouldn’t necessarily say that, wouldn’t be that specific,” Gala replied.
The trial resumes Tuesday.