A Cochrane man being retried in an incest case involving his daughter and two stepdaughters was found guilty on some of the charges and acquitted on others Wednesday.
A Cochrane man being retried in an incest case involving his daughter and two stepdaughters was found guilty on some of the charges and acquitted on others Wednesday.
Allan Dean Griffin, from Cochrane, was being retried on a number of charges involving the three girls who were all between five and nine years old when the alleged abuse started.
He was found guilty on the two counts of sexual assault involving his two stepdaughters and acquitted on the sexual assault charge relating to his biological daughter.
Justice J.T McCarthy rendered the decision after three and a half months of deliberation March 28 at Court of Queens Bench in the Calgary Courts Centre.
“The evidence of children should not be held to the same standards of the adults ...
but that does not allow to simply accept testimony from a child," McCarthy said when rendering his decision.
In the case of the daughter, McCarthy said her testimony was faulty due to unreliable memory.
The Justice added Griffin’s testimony was “not reliable ” and called portions of the evidence “self-serving, ” “vague ” and “not believable. ”
“This has been such a tough case for the family - I’m satisfied with the ruling, it was very well thought out, ” said Crown prosecutor Ron Simenik.
The retrial was ordered three years after the original trial, where Justice K. Yamauchi found Griffin not guilty. He is one of four Alberta Justices under scrutiny for controversial rulings and comments regarding sexual assault cases.
The new trial marked the third time the women testified - the pre-trial, the 2013 trial and last December.
“It’s not just hard on the people who have to sit there and listen to it. It’s a personal thing, we have to relive every time that it does come up, ” said Kylie French, one of the stepdaughters.
“I’m just glad it is over with and I don’t have to relive the situation anymore. ”
In 2013, during the original trial, the women were questioned why they couldn’t remember “innocuous things ” such as where they were going to school at the time of the abuse.
McCarthy called the three complainants “credible witnesses ” and said the “inaccuracies in the testimony ” were “understandable ” considering the victim’s ages when the abuse started.
“I’m really relieved, ” said Lisa Fox, mother of the two stepdaughters. “In cases like this, you expect the worst and hope for the best and I’m really surprised and happy … these girls are very courageous and brave. ”
The families of the victims decided not pursue a publication ban on the trial.
“We didn’t want to be hidden. We wanted everyone to know who he is and where he comes from, ” said Jordyn Griffin, biological daughter to Griffin. “It’s not necessarily easy but worth it in the end. His name is out there, everyone knows what he did and that is what matters. ”
The retrial was originally scheduled to be tried by judge and jury but was altered to judge alone days before proceedings began.
A sentencing date is expected to be scheduled this Friday.
