R. v. BAK, [Provincial Court of Alberta, Grande Prairie – January 2020]
BAK was a middle-aged grandparent accused of sexually assaulting his/her grandchild. Needless to say, the allegations underlying the charges were ugly and the Crown gave the prosecution the attention
they deserved. As BAK, a person with absolutely no prior adverse history with the police was looking at a lengthy period of imprisonment if convicted, she/he retained Patrick Fagan to defend the matter.
Patrick Fagan entered an election of trial by Provincial Court Judge, entered pleas of not guilty to all charges and scheduled the matter for trial.
At trial, Patrick Fagan’s cross-examination revealed a deep-seated resentment (if not hatred) of BAK by the grandchild’s mother (hereinafter referred to as “X”). Further cross-examination of X revealed that a number of the allegations levied against BAK could be traced back to activity which had actually occurred between X and the victim. Further confirmation of this sordid reality was established through gentle but firm cross-examination of the grandchild/victim.
BOTTOM LINE: At the end of a hard-fought trial, verdicts of NOT guilty were entered on ALL charges.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.