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0 WARNING: This article may affect those who have experienced sexual violence or know someone affected by it.
A Manitoba priest accused of sexually assaulting a now-nine-year-old girl in Little Grand Rapids First Nation last year has had all charges against him stayed, a day after the girl at the centre of the case testified against him.
Arul Savari sat silently behind his lawyers in a Winnipeg courtroom Wednesday afternoon on what was supposed to be the second day of his trial as Crown attorney Danielle Simard told Court of King’s Bench Justice Shawn Greenberg prosecutors made the decision after taking a careful look at the evidence in the case following the girl’s testimony.
“As the court is aware, the process is very difficult for any witness, but even more so for a child. Best efforts are always put forth by prosecutions to ensure that a witness is well-prepared to testify, and this case is no different,” Simard said.
“Furthermore, it doesn’t matter whether the Crown prosecutors believe that a criminal offence occurred or the impact of such allegations on an isolated community. While weighing heavily, it’s not the deciding factor.”
Simard pointed to the Crown’s “ongoing and overarching legal and ethical responsibility” to ensure the cases they prosecute have a reasonable likelihood of ending in conviction as the reasoning behind the decision.
“It is not sufficient that something probably happened but rather, ‘Can the evidence reasonably meet the test beyond a reasonable doubt?'” Simard said.
“It is in keeping with our solemn obligation to deliver justice in a responsible and thoughtful manner that we must direct a stay of proceedings on all charges before this honourable court in relation to Mr. Arul Savari.”
The girl, who cannot be identified because of a publication ban and who clutched a stuffed animal as she spoke in court Monday, said she remembered feeling scared that day as the priest allegedly walked her to his bedroom inside the church in the remote First Nation, about 265 kilometres northeast of Winnipeg.
The allegations she made against Savari, whom she called “Father Arul,” included that he took his clothes off, told her he loved her, touched her legs and her belly and kissed her.
Savari had pleaded not guilty to sexual assault, sexual interference and forcible confinement.
Savari’s lawyers raised questions about some of the girl’s allegations, saying she didn’t share all the details that were eventually reported when she initially told her mother what she said happened.
Defence lawyer Tom Rees on Monday also noted inconsistencies in the account the girl gave in her statement, including about whether Savari’s underwear had been removed.
For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via the Ending Violence Association of Canada database. If you’re in immediate danger or fear for your safety or that of others around you, please call 911.
