Truro provincial court

Sex offender gets 21 months in jail for breaching internet prohibition

TRURO - A convicted sex offender was handed a 21-month jail sentence Friday for breaching a prohibition on using the internet.

Gerald Paul Ward, 55, pleaded guilty in Truro provincial court in November to two counts of breaching an internet prohibition that was imposed on him at sentencing for sexual interference and child pornography charges in June 2021.

Crown attorney Rob Kennedy sought a 21-month jail sentence — nine months for the first count, and 12 months for the second — with 150 days to be deducted as remand credit. That would be followed by three years probation.

Judge Alan Begin accepted the Crown's recommendation. He ordered Ward to seek counselling for sexual deviance and stay out of Pictou County. His devices that can access the internet will remain forfeited

“FLAGRANT AND CAVALIER”

Ward was arrested twice since his release last April for not abiding by an order that bans him from using devices that can connect to the internet.

Defence lawyer Nicholas Hoehne argued that Ward, who is a logistical engineer, needs the internet for his work, and requested that the items seized by police - including a tablet, a smartphone and a video game console - be returned to him.

Kennedy rebutted this, noting that Ward had been using two Facebook accounts for personal reasons — one under his own name and another under an alias.

The prosecutor characterized Ward’s breach as “flagrant and cavalier.”

“In my summation, the potential for rehabilitation here is slightly low," Kennedy said. "Mr. Ward has shown time and time again he’ll do what he wants, when he wants."

Begin had only one question regarding the Crown’s recommendation: “Why so low?”

Though Ward had breached his conditions, there was no evidence that he attempted to make contact with children, said Kennedy.

But Begin noted Ward’s Facebook friends clearly had children in their profile pictures.

“Clearly, Mr. Ward has little respect for court-ordered restrictions on his accessing the internet,” the judge said. “This is troubling, as Mr. Ward has a history of sexually abusing young children.

“There (are) no allegations that Mr. Ward attempted to lure or make contact with young children with his repeated use of the internet, but that door had been opened by his actions.”

Begin also said Ward had “openly, flagrantly and repeatedly defied court orders that are intended to protect vulnerable children from repeat predators such as Mr. Ward.”

TAKING RESPONSIBILITY

Begin asked Ward if he had taken responsibility for his actions, to which Ward responded affirmatively. The judge then noted comments from Ward’s probation officer, who wrote: “He believes others have been attempting to sabotage his life and attributed his current charge to those reporting his actions to law enforcement.”

Though Ward claimed that he was taking responsibility, and admitted that he should not have been using electronic devices, Begin maintained he had not yet done so.

“From his comments and his Facebook posts, where he openly displays items that will grant him internet access, mocking comments on Facebook that, ‘crime really does pay off,’ and a comment from the presentence report that includes, ‘attributed his current charge to others reporting his actions to law enforcement,’ it is clear that Mr. Ward does not accept responsibility,” Begin said.

Ward will stand trial in Nova Scotia Supreme Court in Truro in February 2024 on charges of sexual assault and obtaining sexual services for consideration. Those charges are from an alleged incident at a Lower Truro motel where he was staying last summer.