Judge persuaded by public opinion in Oake case: lawyer
Last Updated: Monday, December 8, 2008 | 1:34 PM NT
CBC News
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Barry Oake resigned as a town councillor in Grand Falls-Windsor when he pleaded guilty to sexual assaults involving four teenagers. (CBC)A judge in central Newfoundland who refused to give house arrest to a former politician in a sexual assault case was told Monday by a defence lawyer that he had allowed himself to be persuaded by public opinion.
Judge Bruce Short held a sentencing hearing Monday in the case of Barry Oake, a former Grand Falls-Windsor town councillor who pleaded guilty to sexually assaulting four teenage boys.
Short ordered the hearing in October, after he rejected a joint Crown and defence submission that Oake not be sent to jail, but instead serve 14 months of house arrest.
In court in Gander on Monday, defence lawyer Bob Simmonds presented Short with a number of Newfoundland Supreme Court appeal decisions as well one Supreme Court of Canada decision on related issues.
Simmonds argued that precedents hold that Oake should be given house arrest for what he did.
Simmonds also accused Short of being influenced by the public outrage that broke out over the case.
"It appears public statements are being taken into account even though you said they weren't," Simmonds told Short.
Short did not react in court.
Outside the court, Simmonds told reporters that Oake has been the focus of what he called a media circus, and that the decision is again before Short.
"That's a decision he's got to make, whether he is or not. I believe public opinion has played a part in this," Simmonds said.
"Maybe it hasn't. We'll see."
Simmonds pointed out that the Oake case has received considerably more media attention than more troublesome sexual assault cases.
Short will deliver a sentence next Monday.
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