Crown stays sex charges against priest following testimony from young accuser

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This article was published 13/11/2024 (359 days ago), so information in it may no longer be current.

All charges against a Little Grand Rapids First Nation priest who was accused of sexually abusing a young girl were stayed Wednesday, the second day of his trial.

Arul Savari, 49, had pleaded not guilty to sexual assault, sexual interference and forcible confinement for offences alleged to have occurred at the remote community’s Roman Catholic church on May 27, 2023.

He sat quietly in the courtroom Wednesday, as Crown prosecutor Danielle Simard told Court of King’s Bench Justice Shawn Greenberg on Wednesday she was entering stays of proceedings on all charges.

Simard said the Crown’s office made the decision to stay the charges after a close look at the case’s evidence following Tuesday’s testimony from the girl, now nine.

She noted the court process is difficult for all witnesses, but particularly children.

“It doesn’t matter whether the Crown prosecutors believe that a criminal offence occurred or the impact of such allegations on an isolated community. While weighing heavily, it’s not the deciding factor,” Simard said.

“The Crown has an ongoing and overarching legal and ethical responsibility to ensure that matters we are seeking the court to make the ultimate determination (on) have a reasonable likelihood of conviction. It is not sufficient that something probably happened, but rather can the evidence reasonably meet the test of beyond a reasonable doubt.”

Simard said it was in keeping with the Crown’s “solemn obligation to deliver justice” that she was directing a stay on all charges against Savari.

The trial had been scheduled to resume Wednesday afternoon with testimony from the girl’s mother and an RCMP officer.

Savari was suspended as a priest after being charged.

It was not immediately clear Wednesday what will now happen to his status as a priest. A spokesman for Archdiocese of St. Boniface did not respond when asked whether the suspension will be reviewed.

Originally from India, Savari became a priest in Little Grand Rapids after arriving in Canada seven years ago, RCMP said after his arrest.

The fly-in community of about 1,800 is about 265 kilometres northeast of Winnipeg, near the Ontario border.

Savari was free on bail before and during his brief trial.

The girl said in a video interview played in court Tuesday — recorded days after the date of the alleged offences — that Savari kissed her on the lips before stripping down and inviting her to have a shower with him.

“Father Arul, he did something gross to me,” she said in the video.

The girl sat in the witness box holding a large stuffed animal as she watched herself on video Tuesday. Savari sat behind a protective screen that prevented the girl from seeing him.

The girl told the video interviewer she went to the church to help clean up after a funeral the previous day when, while still outside, Savari tried to get her to sniff gasoline. The girl said she resisted and that Savari took her forcefully by the hand to a bedroom in the building.

She said that she felt “nervous” as Savari walked her to the bedroom. She alleged Savari threatened to cut one of her fingers with a knife and held her hand so tightly she thought he would break her fingers.

The girl said once in the bedroom, Savari took off his clothes and “tried to do something dirty.” She said he tossed his underwear at her and asked her to take off her clothes, which she refused.

“He said, ‘Do you want to take a shower with me?’ and I said, ‘No, that’s gross,’” she said in the video.

“It is not sufficient that something probably happened, but rather can the evidence reasonably meet the test of beyond a reasonable doubt.”–Crown prosecutor Danielle Simard

The girl said Savari kissed her with his tongue while he held her hands and touched her legs and belly.

“I said, ‘What are you doing?’ I was freaking out. I was too young for that.”

The girl said she tripped Savari before running out of the room and blocking the door with a chair. She said she heard Savari break the door open before she ran to her uncle’s home and told her mother what had happened.

“My mom wasn’t that happy with me,” the girl said on video. “She said, ‘Really?’ I said, ‘Yes, it happened.’”

The girl was questioned by RCMP that day.

There were contradictions between the girl’s video interview and court testimony. She told a video interviewer Savari had kissed her inside the church and at other times said the kiss occurred outside. She said the priest removed his underwear but at other times that he kept it on.

The girl agreed under cross-examination by defence lawyer Tom Rees that she never told her mother Savari had hurt her hand, tried to force her to sniff gas or that she had blocked the bedroom door with a chair before running away.

The girl said under cross-examination that her older sister was supposed to have attended the church with her. Rees suggested the priest told the girl to go home and return with her sister.

When Rees made a series of statements to the girl suggesting the alleged assault never occurred, the girl agreed, leading Greenberg to question whether she understood what was being said to her.

Michael Dyck, also a defence lawyer for Savari, said he and Rees were not immediately prepared to comment on behalf of their client Wednesday.

More alleged victims came forward after Savari’s arrest, RCMP said at the time. RCMP spokesman Sgt. Paul Manaigre said those allegations remain under investigation.

“Any decisions on what happens next… will fall with the Crown,” Manaigre said.

He said charges are laid based on the unique circumstances of an alleged offence.

“Our job is to conduct a thorough investigation and present it to the Crown, who will render a decision on what charges are applicable, and once that process is started, the Crown ultimately has the final say on how or if the case moves forward,” Manaigre said.

erik.pindera@freepress.mb.ca