Edgar Fruitier, was found guilty of two charges of indecent assault, Wednesday, at the courthouse of Longueuil.
July 22, 2020 11h44
Updated at 13h48
Edgar Fruitier guilty of indecent assault on a teenager
The canadian Press
LONGUEUIL — Edgar Fruitier, was found guilty of two charges of indecent assault, Wednesday, at the courthouse of Longueuil.
Judge Marc Bisson, of the Court of Québec, has given faith to the words of the victim, who was a minor at the time of the facts, that occurred in 1974 and 1976.
“Very glad it is finished; it’s been already 46 years that I have waited for this,” said the complainant, who cannot be identified under a court order.
“I am relieved, a huge weight of less. He has never apologized for it. I think that (if it was) apologized to her 46 years ago we would not be here today. And not have tried it again two other times, we would not be here,” he confided to reporters at his exit from the courtroom.
The Crown attorney, Ms. Erin Kavanagh, for his part, felt that this decision sends a clear message to victims: “It is important for victims to denounce the police, to do as Mr. did in this case. We see the result today, a very positive outcome for the public ministry.”
The ex-host and actor, now 90 years old, was accompanied by a person who was helping him to walk to the palace of justice.
The victim, whose identity is protected by a publication ban and who was present at the hearing, was 15 years of age at the time of the first event and said consider Edgar Fruitier, like a big brother.
He was then at the cottage of Mr. Fruit, then aged 44, in the eastern Townships when the latter grabbed him from the back, and placed his hand on her sex and tried to unfasten his pants.
Edgar Fruitier is returned to the load at two subsequent occasions, first at him, in Brossard, in gestures similar to those that occurred at his cottage and then in 1976.
The teen had decided not to see again the accused; he has filed a complaint in 2018, or 42 years after the last incident.
The trial of Edgar Fruitier, in June, lasted only about an hour, while we only put in evidence the transcript of the testimony given by the complainant during the preliminary investigation, in order to prevent him from repeating his testimony. Edgar Fruitier himself had not testified in his defence. His lawyer, Robert Polnicky, had argued that his client had never had any intention sexual to the complainant. He had, however, recognized a portion of the gestures, but I Polnicky argued that these actions represented instead of the assault and not indecent exposure.
Me Kavanagh believes that this assertion did not take the road: “as touching the genitals of someone, for us it was indecent, it was an assault committed in circumstances where there is indecency. Today, we would call it a sexual assault.”
Submissions on sentencing will take place on 9th October next. Edgard Fruit is liable to a maximum penalty of 10 years in penitentiary.
The charge of indecent assault, which is applicable for actions committed in the 1970s, no longer exists today in the criminal Code. Indeed, it has been replaced by sexual assault in the case of gestures such as those posed by Edgar Fruitier.
Observations on the penalty will take place on 9th October next. Edgard Fruit is liable to a maximum penalty of 10 years in penitentiary. To Me, Kavanagh noted, however, that the Director of criminal and penal prosecutions had not yet decided what penalty it will claim for the his nineties, who is rather frail.