New Evidence, New Trial, Ex-Archbishop’s Lawyer Argues

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The lawyer for a former archbishop found guilty of sexually assaulting an altar boy in the 1980s says Manitoba’s highest court should consider fresh evidence and overturn the verdict. A Manitoba court convicted Seraphim Storheim early this year of sexually assaulting a boy who had come to visit him in Winnipeg in 1985. Storheim’s lawyer, Jeff Gindin, presented three Appeal Court judges with photos and documents Friday that suggest the boy was in Winnipeg in 1986 and not 1985. Storheim’s handwriting on the pictures says a boy “not from here” is participating in a church ceremony in 1986. Gindin argued that the evidence casts doubt on the credibility of the victim and the Crown’s version of events. He told the judges, “I never suggested this evidence taken by itself was a smoking gun. It could’ve been used to cross-examine witnesses presented by the Crown in a different way”.

Justice Alan MacInnes questioned the veracity of the pictures, which don’t name the boy, saying, “This is an exceptional remedy you’re seeking. It’s that way for good reason. At some point in time, cases end”. MacInnes pointed up that Christopher Mainella, the trial judge who convicted Storheim and who now sits on the Appeal Court, didn’t believe Storheim’s testimony, noting, “The irony of this is the person who is accused wasn’t believed by the trial judge and now we’re being asked to believe his evidence. Your own client said it was 1985. On your argument, your client was wrong. Why should we be accepting the motion for fresh evidence?” While Storheim was convicted of sexually assaulting one boy, he was acquitted on the same charge involving the victim’s brother, who also visited on a separate occasion.

31 October 2014

CTV News

http://www.ctvnews.ca/mobile/canada/new-evidence-new-trial-ex-archbishop-s-lawyer-argues-1.2080471

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