Ex-psychologist regrets losing ‘moral track’

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This article was published 05/09/2019 (2369 days ago), so information in it may no longer be current.

A former Winnipeg child psychologist stood before a judge Wednesday and struggled to explain the loss of his “moral track,” which led to him pleading guilty to possession of child pornography.

“I totally feel horrible about my lapse of judgment,” Gary Anthony Shady told provincial court Judge Kael McKenzie. “I wish I knew more about how I lost my moral track.”

Shady, 73, was arrested on Oct. 10, 2018, after police executed a search warrant at his Fort Rouge home and found three videos and 116 images of child pornography on his cellphones.

In a police interview, Shady admitted to possessing child pornography, and said he had been sexually attracted to young boys all his life.

The statement was at odds with a pre-sentence report that quoted Shady as saying he had no sexual interest in children, said Crown attorney Bruce Sychuk, who raised questions about his prospects for rehabilitation.

“For rehabilitation, there has to be some insight,” Sychuk said Wednesday.

In January, Shady pleaded guilty to one count of possessing child pornography, an offence that carries a mandatory minimum sentence of six months in jail. The Crown has asked that Shady be sentenced to one year in jail.

However, defence lawyer Mike Cook mounted a constitutional challenge, arguing Wednesday a mandatory minimum sentence was inappropriate for an offender of Shady’s profile.

Shady surrendered his medical licence following his arrest and has undergone regular counselling, said Cook, noting there “has never been a hint” Shady’s criminal actions crossed over to his professional life.

“A six-month sentence is not fair to a 73-year-old man with no record… a man who was co-operative with police and open to counselling,” said Cook, who recommended a sentence of two years’ supervised probation.

Referencing a psychological report prepared for court, Cook suggested Shady’s offending was tied to his own declining health and professional stature, describing him as “yesterday’s man.”

“He was recalling his own youth when he was in great health and well-toned,” Cook said. “In looking at those images, he felt rejuvenated and young again.”

Shady lost his career and suffered great public humiliation following his arrest, the lawyer said. “I can’t imagine a man more embarrassed and ashamed than Dr. Shady.”

Police began investigating Shady after a tip from a computer-service provider was received by the National Center for Missing & Exploited Children in the U.S. That agency alerted the National Child Exploitation Coordination Centre in Ottawa and Winnipeg police.

Shady specialized in treating children with Tourette’s syndrome and behaviour problems.

Minimum sentences for possession of child pornography have existed since 2005, and mandatory jail penalties have increased twice since (in 2012 and 2015), as the number of police-reported incidents began to soar.

McKenzie reserved his decision. A sentencing date will be set later this month.

dean.pritchard@freepress.mb.ca