Court delays lead to sex assault charges stayed against dad (Vancouver, Canada)

Revolting. UNNAMED DAD walks because the authorities goofed off and didn't get his statement translated into English. Abuser wins, kids lose....

http://www.canada.com/life/Court+delays+lead+assault+charges+stayed+against+father/6380978/story.html

Court delays lead to sex assault charges stayed against father
By Lori Culbert, Postmedia News March 29, 2012 5:04 PM

Thirteen charges related to a father's alleged sexual and physical assault of his teenage daughter were stayed by a judge because there was a two-year delay in getting his statement to police translated into English.

VANCOUVER — Thirteen charges related to a father's alleged sexual and physical assault of his teenage daughter were stayed by a judge because there was a two-year delay in getting his statement to police translated into English.

It is a shocking case that Mary Ellen Turpel-Lafond, British Columbia's Representative for Children and Families, has raised multiple concerns about in a report released Thursday.

The failure to provide the translation services in a timely matter led to the judicial stay of proceedings for the 13 charges because the judge considered it a breach of the accused's right to a fair trial.

That decision, Turpel-Lafond said, sends a heartbreaking message to both the victim in this case and to victims in similar cases before the courts.

"It is so important that victims have the opportunity to come forward and that there is a prosecution. Prosecution allows individuals to be empowered and . . . it gives a sense of closure to have a trial," she said in an interview.

The shifting demographics of B.C. society make this case of particular concern, the report notes.

"The issue of access to justice services for immigrant children and families is of great concern to the Representative because of British Columbia's increasing ethnic and linguistic diversity," the report says.

"The events that are the subject of this report are symptomatic of the challenges to the justice system in British Columbia by immigration and changing demographics, particularly in relation to safeguarding children."

Turpel-Lafond makes several recommendations, including:

- That the Ministry of Justice develop a policy that requires that Senior Crown Counsel review all cases where a prosecution affecting the welfare or safety of a child could be adversely affected by procedural or investigatory barriers.

- That the Ministry of Justice ensure a reliable and appropriately funded system of access to accredited translation and interpretive services is available throughout all stages of an investigation and prosecution.

The attorney general's ministry has not yet responded to the report.