THE BATTLEFORDS — Geoff McFarlan, a former principal of the Neilburg Comprehensive High School found guilty of sexually assaulting a student, has now been released from the Saskatoon Correctional Centre following an appeal.
According to McFarlan's lawyer, Brady Knight, the Crown consented to his release after an appeal was filed with King's Bench on Sept. 1, the same day McFarlan was sentenced to six months in jail.
The notice of appeal argues on the basis that Judge Kevin Hill erred in law during the conviction by:
- failing to consider the evidence as a whole, specifically evidence regarding students grabbing each other' buttocks as a prank,
- Misapprehending the evidence of various youth witnesses,
- Misapplying the test in R V Villaroman, 2016 SCC 33,
- Shifting the burden of proof to the accused, and,
- improperly considering a previous allegation made against the accused.
The appeal also argues that Judge Hill erred in law during sentencing by:
- Imposing a sentencing that is demonstrably unfit,
- failing to properly consider all mitigation factions
- over-emphasizing denunciation and deterrence to the detriment of all other applicable sentencing principles, and,
- such further grounds as counsel may specify in an amended Notice of Appeal.
They are seeking acquittal on all charges, the order of a new trial, or that McFarlan's sentence being set aside and be substituted for 90 day sentence served intermittently as was sought by the defence following conviction in April.
When asked why McFarlan and Knight moved forward with this appeal, Knight said he'd mostly let their Notice of Appeal speak to that, although he added that,
"It's a situation where we reviewed the trial transcripts and were of the view there are appealable errors of law, and that's why we have the appellate courts to have a court of review for the lower court's (Provincal Court) decisions," Knight told the News-Optimist.
"Right now we're waiting on the transcripts, particularly from the sentencing proceedings ... I wouldn't anticipate the actual appeal being heard until sometime early in the new year, but that's ultimately going to be up to the court," Knight said.
