NORTH BATTLEFORD — A former Neilburg principal, Geoff McFarlan, was found guilty on April 26 of sexually assaulting a minor in North Battleford Provincial Court after his trial began Jan. 10. Now, following a June 23 sentencing hearing, Judge Kevin Hill has reserved his decision, deferring it until Sept. 1, at which point McFarlan is expected to be taken into custody.
The Crown is seeking to have McFarlan serve six months in custody, followed by two years probation. The probation includes a five-year mandatory 161 order, which would see McFarlan not allowed to be within two kilometres of the victim, attending a public park, swimming area, daycare centre, school ground, playground or community centre where a person under the age of 16 years is present, and more. The Crown is also seeking to have McFarlan provide his DNA.
The defence, on the other hand, is seeking a 90-day sentence served intermittently and 12-month probation, which includes a three-year 161 order. McFarlan would also provide his DNA under this sentence.
McFarlan was accused of groping a student’s buttocks in the hallway of their school early in the 2021 school year. The identities of the victim and the witnesses under 18 are protected by a court publication ban.
The victim, following the assault, asked around to see if anyone witnessed it, and two students did," Judge Kevin Hill said as he read his decision into the record, detailing witness testimony. One of the witnesses reported the incident to a school counsellor, appearing “rattled and shaky,” who then found the victim upset in class.
“... (the victim) appeared nervous and scared and was crying,” Judge Hill added.
Judge Hill also touched on school rumours regarding a previous incident which featured McFarlan, which he believes played no part in their testimony. He also discussed the credibility of the three students and two staff member witnesses who testified and if they had a chance to fabricate their testimony.
“In general, all five witnesses gave credible evidence, in that they seemed to be trying to tell the truth,” Judge Hill said.
“In the final analysis, there are three witnesses who all testified to essentially the same thing. A touch to the buttocks by the principal Mr. McFarlan who was walking close by,” Judge Hill said in his sentencing.
Judge Hill noted that several of the witnesses were together as a unit, seconds at most and collaboration and fabrications were not concerns of the court. The defence called no witnesses.
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