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A 50-year-old man from Barrie, in the Canadian province of Ontario, found guilty of sexually assaulting his 14-year-old stepdaughter, will remain free until his sentencing, despite having traveled to an all-inclusive resort in Cuba while awaiting the court's verdict, reported the Canadian outlet BradfordToday.
The Ontario Superior Court judge, Phillip Sutherland, rejected on Wednesday the prosecution's request to revoke bail, determining that the trip did not violate the conditions imposed at that time.
Instead of sending him to preventive detention, the magistrate decided to impose stricter precautionary measures: he prohibited him from leaving the province of Ontario, ordered the surrender of his passport and all his travel documents, and imposed a curfew between 10:00 p.m. and 6:00 a.m.
"I have no concerns about public safety," Sutherland stated, noting that the accused, whose identity was not disclosed for the victim's protection, had generally complied with the conditions of their release and had no criminal record.
A trip to Cuba while waiting for the verdict
The trip to the Cuban resort took place once the trial concluded, but before the judge issued the guilty verdict last month. The man traveled with his partner, who also acted as his guarantor and testified in his favor during the judicial process.
Prosecutor Indy Kandola stated that the trip to Cuba should be regarded as a violation of bail conditions, as it was foreseeable that in a family resort, the accused would be in contact with minors under 16 years old, which was prohibited.
However, the judge noted that none of the existing conditions prevented him from leaving the country and considered that the prosecution had not presented evidence that he had been close to minors during his stay on the island.
"There is no evidence that he was with... or near the pool with individuals under 16 years old," Sutherland noted.
During the hearing, it was also revealed that the defendant had been technically violating another condition of his release for nine months by failing to officially notify a change of address. His lawyer, Eli White, argued that the man believed this process had been handled by his previous legal representative, a claim that the judge accepted.
The aggression and a rejected defense
The events took place in May 2020, when the teenager was visiting the accused's apartment with her mother's permission.
According to the court's ruling, the man gained the girl's trust by projecting an image of a "cool dad," offering her alcohol and even attempting to record the assault. After the attack, the victim called emergency services at 911.
During the trial, the defendant claimed to suffer from sexsomnia, a sleep disorder that can lead to involuntary sexual behaviors while a person is asleep. However, that explanation was dismissed even by the specialist presented by the defense, who concluded that the only disorder detected was mild sleep apnea.
Although he decided to keep the defendant free, the judge acknowledged some concern about the possibility that he would not appear for the sentencing hearing scheduled for September 2026, which is why he tightened the conditions of his bail.
Sutherland also dismissed the prosecution's insinuation that the accused may have assaulted another person, considering that there was not enough evidence.
"All the tribunal has are allegations," he concluded.
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