Most charges dismissed against Calgary couple accused of abusing orphaned nieces and nephew
CBC News | Posted: June 13, 2017 5:01 PM | Last Updated: June 13, 2017
3 children were adopted by Calgary couple after their parents died in U.S. crash
The prosecution alleged two orphaned sisters and their brother were "tortured" with lighters, cold water and barbecue forks by their aunt and uncle — but a judge acquitted the couple of most of the charges on Tuesday, convicting only the aunt on four assault charges.
The three children's parents were killed in a car crash in the U.S. in 2006 and the kids were adopted afterward by their aunt and uncle, who moved them to Calgary.
The couple were put on trial earlier this spring for charges of assault with a weapon and other abuse-related offences after the allegations surfaced in 2011.
Bruised and swollen face
The middle sister showed up at school with a bruised and swollen face prompting a counsellor to pull the girl aside and question her.
Police and social services became involved, the children were removed from the home and questioned, and the aunt and uncle were charged by police.
During the trial, prosecution said the kids were forced to drink their own vomit and "tortured" with needles, lighters and barbecue forks.
Justice Sandy Park found the children's uncle not guilty on all assault and criminal negligence charges.
Park found their aunt guilty of four assault charges involving hitting the two older girls with a wooden spoon and electrical cords as well as pulling their lips and tongues.
Misguided attempt at corporal punishment
The judge described her actions as a misguided attempt at corporal punishment and did not accept much of the evidence given by the children.
He threw out charges relating to allegations the children were forced to drink their own vomit and had needles stuck in their tongues, citing the eldest girl's vindictive attitude and a lack of medical evidence.
Crown prosecutor Ken McCaffrey said the children stand by their allegations against their aunt and uncle.
"They're happy that there was some acknowledgment by the court of the harm done to them and that the female accused will have a criminal record," he said.
"But obviously the eldest child is quite upset that not everything that she said was believed, understandably."
Appeal possible
McCaffrey said he's not sure if the Crown will appeal the decision. In the meantime, he said the Crown will seek a "significant period of incarceration" for the woman.
"You have to remember that this woman has been convicted of essentially four serious criminal offences — assault with a weapon and assault causing bodily harm against two children. That's still very serious," he said.
A publication ban was ordered on the accused's names in order to protect the identity of the younger two children, who are now in care.