BishopAccountability.org
	Lawyers Battling Innuendo By Terri Saunders Standard-Freeholder [Canada] March 30, 2007 http://www.standard-freeholder.com/webapp/sitepages/content.asp?contentid= 466960&catname=Front%20Page&classif=News%20-%20Local False statements in at least two affidavits filed at the Cornwall Public Inquiry are only helping fuel the conspiracy fire, a lawyer has argued. "Affidavits like this only add to some of the rumours and innuendos that we're here trying to separate as fact from fiction," said Giuseppe Cipriano, an attorney representing Rev. Charles MacDonald at the inquiry. On Wednesday, hearings centered around the fact some of the affidavits filed as part of the standing and funding application by The Victims Group contain factual errors. In one affidavit, a reference to the abuse resulting in a loss of faith in the Catholic church was determined to be false; in another, two individuals were named as alleged abusers despite the fact the complainant has never made allegations against either person. On Thursday, the subject of the second affidavit took the stand at the inquiry. The man's identity is protected by a publication ban. The first line of questioning by commission counsel was in relation to the affidavit he swore on Oct. 18, 2005. The man, referred to at the inquiry by the moniker C-10, said he attended a meeting with a group of other victims and alleged victims at the Ramada Inn. Chairing the meeting were John Swales, a client support worker with the London-based law firm Ledroit Beckett, and Dallas Lee, an attorney working with the firm. "I didn't really read it," said C-10, referring to the affidavit drafted under his name. "I glanced at the front, but I was busy listening to what was going on. There are at least three factual errors in the affidavit. Included in a list of individuals C-10 alleges abused him in the 1960s and 1970s is the name Rev. Charles MacDonald. "You never told anyone he was someone who had abused you?" asked Pierre Dumais, commission counsel. "No," said C-10. "Did you ever make an allegation regarding this person to any public institution?" asked Dumais. "No," said C-10. One paragraph in the affidavit speaks to the man's dealings with the Ontario Provincial Police. The paragraph contains a reference to the fact the man "felt persecuted" by the OPP. "I didn't feel persecuted," said C-10. Also contained in the affidavit is a paragraph suggesting the man's dissatisfaction with the actions of the Alexandria-Cornwall Roman Catholic Diocese. The paragraph suggests the man suffered abuse "at the hands of Father Gilles Deslauriers." "I've never even heard his (Deslauriers') name before," said C-10. "I looked at it and I just signed it. I shouldn't have, I guess. I didn't really read through it." Lawyers for The Victims Group have been ordered by the commission to review all of the affidavits filed with the inquiry and any errors or inaccuracies are to be reported within 30 days. "With respect to any harm, if I can put it that way, that these falsities may have . . . caused," said Comm. Normand Glaude, "once I've made a determination with respect to certain matters (I will) make it very public what my findings are with respect to those matters." Cipriano said unfounded allegations have the potential to cause harm to those who are falsely accused, particularly in such a public fashion. "A lot of scars can be re-opened; old wounds are resurfaced," said Cipriano. "My client . . . fought for over a decade to defend himself against serious criminal allegations. Now, recently, he learns that there is a false allegation that has been made publicly, that was posted on the (inquiry) website. That's not the commission's fault, but the prejudice that's now suffered is above and beyond what we feel is acceptable." Cipriano said while he accepts the commission's ruling to have the affidavits reviewed, he believes further action may be necessary. "We believe that a further investigation is required as to what went wrong," he said. "We don't believe simply that (saying) the affidavit was done in a quick manner is a sufficient explanation. Affidavits tendered as evidence ought not to be produced in a careless manner, and we believe, at this point, that is what has occurred." Lee said his firm was dealing with a large group of individuals who were disclosing sensitive information, and it's now apparent not enough time was taken to ensure the accuracy of every statement in every document. "It does not appear that all of these affidavits were reviewed completely and thoroughly," said Lee. "They were all victims of abuse, they all were dealing with various issues at the time. On top of that, we were asking them to come and tell us, virtual strangers in most cases, details of their abuse." Glaude said regardless of how the mistakes occurred there is a lesson to be learned. "From the victims' point of view and (that of) their law firm ... they must understand ... that swearing an affidavit is a very serious matter and that it has consequences," he said.
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