Former Glace Bay pastor facing jail time

Cape Breton Post
March 02, 2015

http://www.capebretonpost.com/News/Local/2015-03-02/article-4062877/Former-Glace-Bay-pastor-facing-jail-time/1

SYDNEY — A former Glace Bay pastor will learn his sentence later this month after a Supreme Court justice reserved decision on Monday.

After hearing sentencing arguments from prosecutor Christa MacKinnon and defence lawyer Nash Brogan, Justice Robin Gogan adjourned sentencing until March 12.

Robert Stewart Lawther, 62, of Reserve Street, was convicted in December on a single count of sexual interference involving a girl under the age of 15. A Supreme Court jury returned a not guilty verdict on two other similar counts involving two other female complainants.

MacKinnon has recommended a two-year jail sentence followed by a one-year period of probation. She is also seeking a DNA order, an order to register as a sex offender for 20 years and an order to prohibit Lawther from visiting places where children are likely to gather, including pools, parks and playgrounds.

Brogan recommended a sentence of 45 to 90 days that could be served on weekends.

The maximum sentence for such an offence is 10 years in prison, while the minimum penalty is 45 days.

The jury panel of six men and six women spent nearly five hours deliberating before returning the guilty verdict. Lawther 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 complainants all testified Lawther touched them while in a swimming pool. Evidence from all three suggested Lawther touched them sexually in picking them up and tossing them back into the water. One of the girl's also testified Lawther touched her breasts in placing his hand under her shirt.

Lawther was the pastor at Bethel Family Church (Pentecostal) but after his conviction, he was removed as pastor and now works in a call centre.

MacKinnon said her recommendation for a jail sentence stems from a position of trust that Lawther breached along with the frequency of the abuse which according to one of the complainants occurred hundreds of times while in the pool.

Brogan said it is unclear which incident the jury found Lawther guilty of, suggesting it was the single incident of the hand under the shirt.

The defence asked for the sentence to be served on weekends to allow Lawther the opportunity to continue working and supporting his wife who receives a small disability pension.

Lawther, who testified at trial that the incidents of abuse never occurred, continues his release on conditions pending the outcome of his sentencing.