Editor's note: This story contains details that may be disturbing to some readers.
Robert Sheaves has been convicted of four counts of sexual assault in a case involving an underage victim.
Justice Paul Bychok reached the ruling in Iqaluit on Oct. 1 in regards to offences that occurred in the same community between July 1, 2021, and Feb. 24, 2022.
Bychok imposed judicial stays of proceeding on four separate counts of sexual touching.
Subsequently, SheavesSA国际影视传媒 bail was revoked and he was taken into custody.
The victim in the case was under 16 at the time of the incidents. Bychok commented on the weight of proof beyond a reasonable doubt, especially in SA国际影视传媒渉e said, she saidSA国际影视传媒 cases, and that he was SA国际影视传媒渟atisfied on all the evidenceSA国际影视传媒 put forward by the prosecution.
SA国际影视传媒淭he CrownSA国际影视传媒檚 case relies on two audiovisual statements given by the complainant to the police,SA国际影视传媒 the judge stated. He added that he came to his decision after hearing both parties testify.
SA国际影视传媒淐onsequently, assessment of each partySA国际影视传媒檚 credibility and reliability must be the primary focus of my analysis... In my role as the trier of fact, I may accept everything a witness tells me, part of what that witness tells me or nothing at all. In order to find something to be a fact, I must be satisfied that the Crown has proven it beyond a reasonable doubt.SA国际影视传媒
The evidence
The legal decision was partly based on evidence drawn from the guilty party's own testimony.
Under direct examination, Sheaves, 66, stated that he had direct contact with the children of women who cleaned his residence and those of other acquaintances, who sometimes stayed overnight.
In addition to having overnight guests, Sheaves testified to offering these guests rides around town.
SA国际影视传媒淢r. Sheaves denied ever having touched the complainant in his truck. He also denied ever driving the complainant to a secluded place. When defence counsel put the CrownSA国际影视传媒檚 allegations of sexual misconduct to him, Mr. Sheaves answered categorically: 'It never happened.' Mr. Sheaves also categorically denied the complainantSA国际影视传媒檚 description of his penis.SA国际影视传媒
The complainant was able to describe several features of the defendant's genitalia, including scars from old sexually transmitted diseases.
Sheaves did acknowledge that the complainant was a visitor at his house.
SA国际影视传媒淪he was never invited,SA国际影视传媒 he said. SA国际影视传媒淪he always showed up. She was looking for something, money mostly, but wanted cigarettes or whatnot.SA国际影视传媒
The offender also admitted that he had given her many rides to school as well as to see her boyfriend. However, he denied acts of a sexual nature towards her.
Bychok described Sheaves as SA国际影视传媒渁 coarse and combative witness.SA国际影视传媒 The judge found that the offender's testimony, at least partially, "does not have any air of reality. I do not believe him.SA国际影视传媒
In sum, SA国际影视传媒淒espite Mr. SheavesSA国际影视传媒 protestations to the contrary, I am satisfied that he used his apartment and his largesse to entice young women into his home. As the evidence focused on the complainant, I am satisfied that he provided her with internet access, a tablet and iPad, cigarettes, food, money and rolling paper. Mr. Sheaves also made much in cross-examination that he would leave change in the open in his bedroom and it would be stolen. It defies credibility that someone like Mr. Sheaves would suffer being made a victim, and in his own home. Again, I find this to be incredible, and I do not believe him,SA国际影视传媒 Bychok deduced.
The judge also stated that Sheaves changed his story at many points, and went back on his own testimony too often.
In particular, the evidence surrounding details of SheavesSA国际影视传媒 genitalia SA国际影视传媒渋s particularly damning...," Bychok stated. "I am satisfied that these many inconsistencies in Mr. SheavesSA国际影视传媒 evidence were not accidental; they were the direct product of a witness who attempted from start to finish to calculate how to tell his story in a way which might exonerate him.SA国际影视传媒
Bychok is set to levy a sentence at a hearing scheduled for Nov. 12 in Iqaluit.