BY KEITH LACEY
Unless a religious Sudbury man is willing to accept counselling and change his behaviour toward his frail, elderly mother, he won?t be able to return home.
After a full-day trial Wednesday, Justice A.J. Fuller found David Popescu, 56, guilty of assaulting his 89-year-old mother by grabbing her arm and shaking her lightly following a brief argument in early June. He will be sentenced this morning.
Popescu is a candidate for mayor in the upcoming Nov. 10 municipal election. Popescu, who runs on a political platform based solely on Christian principles, has run for mayor in Sudbury the past three municipal elections.
Prior to the June incident, Popescu lived with his mother for the past 33 years.
After the guilty verdict was rendered, his mother asked the judge, ?When can David come home??
The veteran judge said he wanted Popescu, his sister and staff from the Salvation Army, where Popescu has been staying the past several weeks, to come up with a plan that would allow Popescu to pay regular visits to his mother.
The best solution in this case is to find a scenario that would allow Popescu to visit his mother on a regular basis and then return home after completing successful counselling as she obviously misses and relies on him, said Fuller.
The judge, however, said he ?has very grave concerns? about Popescu?s behaviour.
However, he believes having been charged and convicted will prevent Popescu from engaging in any similar physical aggression toward his mother in the future.
Fuller indicated he?s willing to grant Popescu a conditional discharge, meaning his will not have any criminal record, if he undergoes and completes counselling.
The judge praised Popescu?s mother Elsie as an intelligent and competent woman despite her advanced age.
Court heard Popescu became upset with his mother when she placed a stack of towels underneath the kitchen table instead of their normal location on top of a hallway bin in the Sudbury home they share.
Popescu, who doesn?t work, lists his full-time occupation as studying the Bible.
Popescu admitted he grabbed his mother by the arm and shook her lightly after repeating his request she not place the towels under the table. He told the court he didn?t consider his conduct illegal or wrong.
Popescu?s younger sister testified she only brought the matter to police after noticing serious bruising on the upper part of one of her mother?s arms.
Popescu?s mother testified her son had never been physically aggressive with her before this incident.
?I was talking with David and we disagreed about something and he grabbed me by the arm,? she said. ?There
was some simple misunderstanding?we have discussions about a lot of things. He has a heavy burden on his shoulders (doing housework and other work around the house) and I guess at times I would frustrate him.?
Popescu, who defended himself at trial, asked his mother ?Do I beat you?? and ?Have I ever beaten you dear??
She responded, ?No, never.?
While her son had never been physical with her before, he would stop certain conversations, occasionally lower the volume or turn off the television, but this never bothered her, she said.
He also refuses to allow her to drink coffee believing it?s not good for her health, she said.
Popescu, who made rambling speeches about his love of the word of God between asking his mother questions,
told the court he and his mother have read the Bible together ?from cover to cover six times, we?re now on our seventh reading.?
He and his mother always read scripture before eating meals ?because we always put God?s word first,? he said.
When Popescu asked his mother if what happened that night was an assault, Fuller interjected and said that was for him to decide, not her.
Court also heard how Popescu refused to sign a police document that would have allowed him to go free after his arrest because he would have had to agree not to return to his mother?s home.
He was released on bail the next day. He hasn?t been allowed regular visits to his mother since his arrest over four months ago.
His mother testified she phoned the police station several times after her son was arrested ?because I didn?t know what I was going to do without David.?
Popescu said he grabbed her because his mother refused to listen to him.
?I grabbed her by the arm?it wasn?t a light tap, but I wanted her to feel it?I did shake her lightly to get her to listen to me,? he said.
When assistant Crown attorney Susan Stothart asked him, ?Do you feel what you did was an assault??, Popescu testified he didn?t believe it was.
?No, I don?t,? he said. ?If I would have known it would bruise her, I wouldn?t have done it. There?s a certain amount of discipline needed in family life.?
When Stothart asked if it?s appropriate to discipline a woman who is obviously intelligent, but frail, Popescu responded he believed it was.
?Yes I do. I?m not talking about hitting her, but more harm was done to my mother in removing me than from a light swat and the bruises.
?I still don?t consider what I did as a crime because it was done out of love?I had no intent to hurt or bruise my mother?I thought it wouldn?t hurt her and I was wrong.?
Fuller said he didn?t need to hear any closing arguments before reaching his guilty verdict.
Popescu admitted to grabbing his mother by the arm, which caused the heavy bruising and this alone constitutes common assault under Canadian law, said Fuller.
?There?s no doubt whatsoever the Crown has proven its case,? he said.
