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  Ex-City Cop Won't Testify

By Trevor Pritchard
Standard Freeholder
February 25, 2008

http://www.standard-freeholder.com/ArticleDisplay.aspx?e=917433

The former city cop who handled the allegations of a number of sexual abuse victims, including David Silmser, will not be taking the stand at the Cornwall Public Inquiry.

Inquiry commissioner Normand Glaude excused Heidi Sebalj from testifying after receiving a psychologist's report Monday on her mental and physical well-being.

"You'd have to know Heidi at the present time. She's just not capable," said Sebalj's husband, Peter Huffrey, who delivered the report.

Without getting into specifics from the confidential report, Glaude said Sebalj had been under medical care for the past 10 years and that appearing at the inquiry would have "some very adverse effects" on her mental health.

"I think it would be a disservice to her and to this inquiry to add any stress on this person," he said.

Sebalj was assigned as the principal investigator in 1992 when Silmser first brought his allegations against Rev. Charles MacDonald and probation officer Ken Seguin to the Cornwall force's attention. After a nine-month investigation, police would conclude in the fall of 1993 there was not enough evidence to lay charges against MacDonald.

MacDonald was later charged during the OPP's Project Truth investigation, although those charges were stayed in 2002. He has always maintained his innocence.

Seguin was the subject of numerous abuse allegations but was never charged. He committed suicide in 1993.

The fact that Sebalj - who had only two months' experience working with the force's youth bureau - was assigned to handle Silmser's allegations in the first place was one of the major criticisms in a 1994 review of the Cornwall police force.

Supt. Brian Skinner, the Ottawa cop who led the review, testified earlier this month that Sebalj was "far too junior" to conduct such a major investigation.

He said Sebalj had failed to interview at least one potential witness and did not follow up MacDonald's request to undergo a polygraph test.

Sebalj also took statements from two other witnesses who have testified at the inquiry, Albert Roy and Andre Lavoie, in addition to Silmser.

Shortly before police decided not to press charges against MacDonald, Silmser accepted a $32,000 payout from the Alexandria-Cornwall Roman Catholic Diocese.

That payout was later discovered by former Cornwall cop Perry Dunlop, who later turned that information over to the Children's Aid Society.

Many consider Dunlop's act to have set in motion the series of events that eventually led to the inquiry's formation.

The inquiry will still hear from a number of Sebalj's colleagues.

Her handwritten notes on the Silmser case have already been entered into evidence.

Coincidentally, Silmser also left the stand early after a doctor determined he was mentally incapable of continuing.

tpritchard@standard-freeholder.com

Seguin disclosures will remain

Dunlop keeps his word - a no-show Monday

Trevor Pritchard

The disclosures of nine alleged victims of former probation officer Ken Seguin will remain on the record at the Cornwall Public Inquiry. Commissioner Normand Glaude ruled Monday that the nine anonymous witnesses - whose abuse allegations appear in a 180-page report compiled by former employees of the Cornwall Probation and Parole Office - still fall under the inquiry's mandate.

The allegations had been challenged by Michael Neville, the lawyer representing Seguin's estate, on the grounds that none of the nine were "young people" - that is, under the age of 18 - at the time of the disclosures.

In one or two cases, Neville also suggested that the disclosures only alleged sexual impropriety, not abuse.

Yesterday, Glaude dismissed those arguments.

"It is my view that this commission's mandate is not limited to examining the response to allegations of individuals under the age of 18, or limited to sexual abuse," said Glaude.

"The facts contained in (the nine disclosures) made against Mr. Seguin are within the core mandate of this commission."

Seguin was a former Cornwall probation officer who was alleged to have abused a number of probationers.

He committed suicide in 1993 and was never charged with any crime.

The mandate of the inquiry, which is examining how institutions responded to historical allegations of abuse in the Cornwall area, has been under scrutiny since a January decision by the Ontario Court of Appeal to exclude the testimony of two witnesses.

The court ruled Glaude had exceeded his jurisdiction by trying to hear the testimony of C-12 - who claims the OPP mishandled her allegations that she was raped by two teens in 1993 - and her mother, C-13.

Since that ruling, the testimony of an additional 18 witnesses has been called into question by different parties, including the Cornwall police and the Children's Aid Society.

Dallas Lee, a lawyer for The Victims Group, said the commissioner's decision left him hopeful his clients' experiences would remain within the mandate.

Nine of his clients could see parts of their testimony expunged when Glaude delivers his ruling tomorrow, said Lee.

"I'm optimistic that he's not rolling over and playing dead on the court of appeal decision," said Lee. "(But) it's a bit of a wait-and-see for Wednesday."

One of the arguments made for excluding testimony was that, in some cases, the allegations were made against people who were roughly the same age as the victim or not in positions of authority.

Lee said Glaude didn't give any hints yesterday as to how he felt about that argument.

Cornwall (Staff)

Former city cop Perry Dunlop kept true to his word and did not appear at the Cornwall Public Inquiry Monday.

Dunlop, who was arrested on contempt charges earlier this month, had been given another opportunity by commission lawyers to appear at the inquiry, which is probing how institutions responded to historical abuse allegations.

Dunlop had already refused to testify on two separate occasions. His first refusal last fall led to his contempt conviction by the Ontario Divisional Court in November 2007.

Dunlop is being held in custody until March 5, when the divisional court is expected to both sentence him and deliver its verdict on a second contempt charge.

In his absence, the inquiry wrapped up the testimony of Sue Lariviere, a former Cornwall probation officer.

Lariviere was one of three officers who authored a report on how the Cornwall Probation and Parole Office's response to sexual abuse allegations had evolved since 1982.

She first took the stand in January, but her testimony was brought to a halt after lawyers objected that parts of that report fell outside the inquiry's mandate.

Commissioner Normand Glaude decided yesterday that the contested parts of the report - allegations of abuse made by people over the age of 18 - were relevant to the inquiry.

 
 

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