N.S. man accused of historical sexual abuse told to get a lawyer amid concerns over case delays
Pictou judge sets judge and jury trial for Douglas Guthro Sr. as default
A Pictou County, N.S., man accused of historical sexual abuse offences against his three children has been advised by a judge to retain a lawyer after showing up for his seventh court appearance without one.
Douglas Guthro Sr., 86, was charged in April with 16 counts of sexual violence after his son, Doug Guthro Jr., and daughters Susan Farrell and Sheri Colbert came forward to make complaints last November.
"This matter must proceed forward," Judge Bryna Hatt told Guthro Sr. on Monday in Pictou provincial court, noting concerns raised by the Crown.
As the default option, Hatt set his trial election before a judge and jury in Nova Scotia Supreme Court after he did not indicate how he wanted to proceed.
His other options were to stand trial before a judge alone in Nova Scotia Supreme Court or Nova Scotia provincial court.
The judge said that decision could be confirmed at Guthro Sr.'s next hearing in October, by which time he should have a lawyer and be able to get legal advice.
"He just wants to drag it out as long as he can, so there's nothing that comes of it," said Guthro Jr., who along with his two sisters allege offences against them dating back decades.
The names of victims of sexual assault, and any information that could identify them, are typically protected under a publication ban. But Guthro Jr. and his sisters asked in July that bans on their identities be lifted so they could fully share their experiences.
"It makes me feel better that the judge wants to move it ahead," said Guthro Jr., 52.
Guthro Sr. was asked several times Monday about his efforts to hire a lawyer.
The accused told the court he had not received calls back from attorneys he tried to contact. He then referred to a financial issue, saying he needed one of his daughters to give back money she took from his account.
He said several times he was having trouble hearing and a woman who identified herself as his at-home maid stood up to say he was not retaining the information, suggesting he is showing signs of dementia.
Senior Crown counsel Bill Gorman said there had been no mention of Guthro Sr.'s cognitive abilities to that point. He said it is critical the case is not delayed.
"It's time to fish or cut bait," Gorman told the court.
The Supreme Court of Canada's Jordan decision in 2016 established firm timelines for cases to be dealt with. The deadline is 18 months in Nova Scotia provincial court and 30 months in Nova Scotia Supreme Court.
Guthro Jr. moving to change last name
"All justice system participants are to act with dispatch and moving the matters forward, acknowledging an accused person's right to be tried within a reasonable time," Gorman said, adding the siblings are aware of provincial cases in which delays resulted in charges being stayed.
Sex-related charges against Brynn Milner were stayed last year because the judge ruled there were unreasonable delays. At the time of the charges, she went by the name Brandon William McNeil.
Guthro Jr., who has applied to change his last name to his wife's maiden name of Robertson so he is not confused with his father, said he has received huge support since speaking out.
Guthro Sr.'s daughters said his claim that money was taken from his account was not true, in a statement to CBC News.
"No one has taken anything that belongs to Douglas Guthro Sr.," said the statement from Susan Farrell and Sheri Colbert following the hearing.
The sisters have also been concerned about what they described as "delay tactics" but are now satisfied plans for a trial are on track.
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