BishopAccountability.org
	Macdonald's Lawyer May Have to Take to the Inquiry Stand By Trevor Pritchard Standard-Freeholder November 20, 2008 http://www.standard-freeholder.com/ArticleDisplay.aspx?e=1305284 The lawyer for alleged sex offender Charles MacDonald may be forced to step down because of a conflict of interest over upcoming testimony at the Cornwall Public Inquiry. Michael Neville has represented both MacDonald and the estate of probation officer Ken Seguin, another alleged abuser, since the inquiry began hearing witnesses in February 2006. Neville has also defended the now-retired priest in criminal proceedings since 1996, when MacDonald was first charged with sexually abusing children. On Tuesday, the inquiry - which is probing how institutions responded to allegations of historical sexual abuse against children - was set to begin hearing the evidence of Det. Const. Joe Dupuis, a retired Ontario Provincial Police officer who laid additional abuse charges against MacDonald in 1998. But before Dupuis could begin testifying, Neville's own attorney, Norman Boxall, told commissioner Normand Glaude there was a "possibility if not a probability" that Dupuis's evidence could require Neville to take the stand himself "It would be indeed unfortunate if Mr. Neville was required at this late stage in the proceeding to be removed - unfortunate for the client who he represents, and unfortunate for the important work that the inquiry's doing," said Boxall. Professional rules of conduct prohibit lawyers from appearing as a witness and representing a client in the same proceedings. MacDonald would need a new lawyer if Neville were to testify, Boxall said. The majority of Wednesday's hearings took place in camera. In a voir dire - a hearing within a hearing - lawyers argued whether Dupuis's expected testimony was relevant to the inquiry's mandate. By mid-afternoon, Glaude had come to his decision: the testimony would be heard. "I will permit commission counsel and any others to canvass this bit of evidence," he said. "When we get to it, I will have some comments to make with respect to its applicability within the whole of the inquiry." All sexual assault charges against MacDonald were stayed in 2002 after a judge ruled they'd taken too long to come to trial. Seguin died in 1993, and was never charged with abusing children. After Glaude's ruling, inquiry lawyers were able to fit in a few questions for Dupuis, a 31-year OPP veteran who was assigned to the force's Project Truth team in September 1997. From 1997 until 2001, Project Truth investigated allegations that a pedophile ring existed in the Cornwall area. The OPP ended up laying 114 sexual abuse charges against 15 men. Dupuis was one of three Project Truth officers who investigated sexual abuse allegations. He said that when he first joined the team, his direct supervisor was Det. Insp. Pat Hall, who was there on a "day-to-day basis." Another supervisor, Det. Insp. Tim Smith, would show up "when his workload permitted" but no less than one or two days per week, said Dupuis. But it would have been Hall's call, Dupuis added, whether allegations fell under Project Truth's mandate. "Did you yourself have the authority to make that decision?" asked commission counsel Pierre Dumais. "No, sir," the officer replied. Dupuis is scheduled to return to the stand when the inquiry resumes this morning.
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.