Sex assault at shelter guilty plea tossed
WARNING: This story contains material that may be disturbing to some.
CBC News
Posted: Dec 5, 2011 2:22 PM AT
Last Updated: Dec 5, 2011 2:49 PM AT
After hearing testimony at a sentencing hearing, a P.E.I. provincial court judge rejected the guilty plea of a man accused of a sexual assault at a Charlottetown men's shelter.
Everett Gallant entering court Monday. (CBC)Judge John Douglas said testimony on Monday from Everett Gallant, who pleaded guilty to sexual assault in May, is not consistent with an admission of guilt. He has ordered a trial with a new judge.
The Crown attorney said the rejection of a guilty plea by a judge is rare.
The 70-year-old is the former manager of Bedford-MacDonald House. Despite Gallant's guilty plea in May, he testified at his sentencing hearing Monday that the sex was consensual.
The man who said he was assaulted also testified at the sentencing hearing Monday.
The young man wept as a video-taped interview he gave to police was played in court. In it, he told police Gallant entered his room while he was asleep and tried to have anal sex with him.
Gallant took the stand and testified what he did was wrong, but he said the young man agreed to it.
The man told the court Gallant continued to make sexual advances throughout his stay.
Gallant, however, said there was just one sexual encounter.
The court also heard Gallant was found guilty in 1999 of sexual assault against two teenaged boys.
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