BY KEITH LACEY
A Sudbury man in terrible health will spend the next two years under house arrest after pleading guilty to two counts of common assault against two young girls Monday.
Raymond Martel, 53, was originally charged with sexually assaulting both girls, but those charges were withdrawn when he pleaded guilty to the lesser charge of common assault.
The assault of the first young girl took place dating back 25 years ago, while the second girl was assaulted five years ago.
The incidents involved inappropriate touching. The identity of both girls is protected by court order.
Assistant Crown attorney Alex Kurke told the court all cases must be judged on an individual basis and putting
both girls through the trauma and difficulty of a trial was not something the Crown wanted to do in this case.
Martel?s plea of guilt ?was significantly important? in this case because it does indicate remorse and ensures Martel won?t be able to have any contact or association with any young girl, including either victim, during his two years of house arrest and two further years, where he has to adhere to a strict probation order, said Kurke.
Defence counsel Denis Michel told the court his client is not willing to admit to any sexual misconduct, but the pleas of guilt do indicate his remorse for some inappropriate conduct.
His client is in terrible health with severe heart problems and he also would like to avoid the pressure and stress of a trial, said Michel.
Justice Robert Del Frate of the Ontario Superior Court of Justice praised lawyers for resolving this matter before it had to proceed to trial and agreed a strict conditional sentence involving house arrest virtually around the clock for two years less a day followed by a strict probation order is an appropriate sentence.
The fact Martel has no previous criminal record and his poor health has to be considered as part of the sentence, he said.
Martel is not to leave his home 21 hours of the day, seven days a week, except for employment purposes or to attend to medical emergencies. He also must undergo any counselling his probation officer might deem beneficial.
