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	Witnesses Not on Trial: Truth Inquiry Judge Ottawa Sun [Canada] February 6, 2007 http://ottsun.canoe.ca/News/OttawaAndRegion/2007/02/06/3540557.html Cornwall — A lawyer for a priest accused of sexually abusing young boys in the 1960s and 1970s has been told that an inquiry probing the institutional response to allegations of systemic sexual abuse in the Cornwall area isn't the forum to prove his client's innocence. Rev. Charles MacDonald was charged in 1996 with a number of sex-related offences, but following six years of delays, those charges were stayed in 2002 when a judge determined it had taken too long to bring the matter to trial. On Monday, Dominic Lamb continued his cross-examination of David Silmser, a man who says he was abused by MacDonald while serving as an altar boy at St. Columban's Church. Lamb was asking Silmser about problems with his memory regarding specific details about the alleged abuse when Commissioner Normand Glaude stepped in and suggested the lawyer was out of bounds in his questioning. "Are you trying to prove (MacDonald) innocent?" Glaude asked Lamb. "I believe it's irrelevant to your client's interests." Another tie? Get what you really wanted. David Sherriff-Scott, an attorney representing the Alexandria-Cornwall Roman Catholic Diocese, said accused persons who have standing at the inquiry should be given more leeway in terms of cross-examination than institutions. "Their interests are very broad," said Sherriff-Scott. "There should be an opportunity to point out shortcomings in evidence." Putting questions to Silmser about his memory regarding specifics of the circumstances surrounding the alleged abuse and any discrepancies in his testimony during ensuing court appearances could be viewed as an attempt to discredit the witness, Silmser's lawyer said. "The sole purpose is to undermine the veracity of this witness' account," said Clint Culic. Earlier, Culic had suggested lawyers for various parties with standing at the inquiry may be eager to see Silmser leave the witness stand and not return. "This may be an effort to drive him from the stand," said Culic. "Then, all of his testimony would have to be expunged from the record." Glaude seemed to take issue with Culic's suggestion. "Some people may take umbrage with a suggestion there's a conspiracy to drive him from the stand," Glaude said. "Counsel have acted not only appropriately but with sensitivity for witnesses who have been here to date." Glaude said he would intervene on the part of the witness in order to ensure cross-examination is conducted properly and in fairness to the witness. Glaude also reminded Lamb there have been many times in the past when lawyers for MacDonald have suggested their client is not on trial at this inquiry and must be treated accordingly. "Now, we're going to change that around," said Glaude. "None of the witnesses are on trial."
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