Warning: This story contains disturbing details.
A Nova Scotia man, previously sentenced to seven years in prison for sexually molesting a young girl who once called him ‘Dad,’ has been released and awarded a new trial. The original conviction stemmed from charges of sexual interference and invitation to sexual touching, delivered by Nova Scotia Supreme Court Justice Patrick Murray in September 2024.
Appeal Court Cites Deficient Trial Reasons
The Nova Scotia Court of Appeal has ordered a retrial for the man, identified only as D.P., ruling that the trial judge’s reasons were factually and legally flawed. Justice Robin Gogan of the Court of Appeal explained, “This was a case that hinged on the trial judge’s assessment of credibility. Embedded in this important task was the requirement for the trial judge to identify and determine admissibility questions and make findings of fact from the evidence properly available for consideration.”
She added, “In this case, the judge’s decision contained an extensive review of the evidence and parties’ submissions that was confusing, contained errors and conflated the evidence and submissions. He did not make clear findings of fact and provided only conclusory findings on credibility. The reasons are deficient.”
The appeal panel emphasized that the reasons failed to provide an intelligible rejection of the defense evidence, explain the absence of reasonable doubt, or address key evidentiary issues, preventing meaningful appellate review.
Current Status and Retrial Plans
D.P. is currently released with no bail conditions in place. JoAnn Alberstat, spokesperson for Nova Scotia’s Public Prosecution Service, confirmed that lawyers are scheduling a first appearance for the retrial in Port Hawkesbury Supreme Court, where bail conditions will be discussed.
Details of the Allegations and Trial
The complainant testified that D.P. engaged in inappropriate sexual conduct with her from age five until she was 12. She met D.P. at age five when he began dating her mother; they moved in together later that year, and her mother married him in 2015. Initially, she described their relationship as good, viewing him as a ‘nice guy’ and calling him ‘Dad.’
Within a year, the abuse began, including oral sex, touching, and kissing. She detailed two early incidents, one involving watching pornography on the living room television, followed by regular occurrences four times a week until she was eight or nine. The final incident happened when she was 12.
The abuse from 2010 to 2014 left her angry and withdrawn. She disclosed the allegations to her mother in June 2021, after her mother had already kicked D.P. out of the house in January 2017.
D.P. denied all allegations, testifying that he used cocaine from 2014 to 2015 with relapses in 2016, but never in the complainant’s presence. He admitted to watching pornography but only on his phone in his bedroom, insisting the living room TV could not access it. His defense suggested the complainant fabricated the claims to reconcile with her biological family.
The trial judge’s oral decision, issued three months after the trial, summarized evidence and positions but included inaccuracies and unclear credibility assessments, leading to the appeal court’s ruling for a new trial.
