| Nova Scotia Pastor Found Guilty of Sexual Interference Involving Young Girl
Metro
December 6, 2014
http://metronews.ca/news/halifax/1232517/nova-scotia-pastor-found-guilty-of-sexual-interference-involving-young-girl/
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Robert Stewart Lawther.
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A Supreme Court jury returned a verdict of guilty Friday on one of three counts of sexual interference against a Glace Bay pastor.
The panel of six men and six women spent nearly five hours deliberating before returning with the verdict shortly after 7 p.m.
Pastor Robert Stewart Lawther, 62, of Reserve Street, was charged with three counts of sexual interference involving three girls under the age of 16. The offences were alleged to have occurred between 2006 and 2011, when two of the complainants were between the ages of six and 11 — they are now 14 — while the third was between the ages of two and seven, and is now 10.
The jury found Lawther guilty on the count involving one of the 14-year-olds. She testified the man known in the community as Pastor Bob touched her on numerous occasions while in a swimming pool.
The offences alleged Lawther touched each of the girls in a sexual manner. Another of the girl’s testified she was touched only once while the third said twice.
“I would like to thank the jury for its attentiveness, patience and for listening to all of the evidence,” said Crown prosecutor Christa MacKinnon, in offering a comment on the verdict.
“Absolutely shocked,” said defence lawyer Nash Brogan.
Brogan said he was at a loss to understand how the jury could issue a conviction, given the vast discrepancies in the evidence, adding that some of the evidence presented by the girl was simply unbelievable.
As for an appeal of conviction, Brogan said he will be reviewing all the materials before making a final decision. The defence has 30 days in which to file an appeal.
Sentencing for Lawther, who showed no emotion when the verdicts were announced, is now scheduled for March 2. Lawther stepped down from his position at Bethel Family Church when he was charged in 2012. He continues his release on conditions.
All three complainants testified that Lawther touched them while in a swimming pool. They said he would pick them up and throw them into the water but that his hand would go under their bathing suits.
The conviction was entered on the complainant who testified Lawther touched her hundreds of times.
Prior to beginning their deliberations, the jury heard closing arguments from MacKinnon and Brogan which was followed by a recap of the evidence and instructions on matters of law from Justice Robin Gogan.
In his closing remarks, Brogan urged the six men and six women on the panel not to convict his client based on what he described as confusing evidence from the Crown.
As in his opening address to the jury, Brogan focused on a possible motive for why the allegations surfaced.
He said Lawther had co-signed a mortgage for the family of one of the girl’s and when it came for renewal, he requested his name be removed.
Lawther testified himself that he was contacted at least twice by the family to change his mind. When he continued to decline, Brogan said suddenly allegations of sexual abuse surfaced.
“All of the evidence from the prosecution is just so confusing,” said Brogan, adding the Crown has failed to prove his case beyond a reasonable doubt.
In her closing, MacKinnon said the case was a difficult one for all involved, given the subject matter and the tender ages of the complainants.
“These witnesses cannot be disbelieved just because they are children,” she said, adding their evidence leaves little doubt of the guilt of the accused.
The weeklong trial heard testimony from seven Crown witnesses along with two for the defence, including the accused.
Lawther denied the allegations and accused the young girls of lying.
He testified he was asked by one family to teach their child to swim, which he did once a week, depending on the weather.
The pool would be used by other children and, according to other witnesses, there were adults around the pool deck.
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