Calgary dad who brutally sexually abused his young daughter to remain behind bars pending appeal to Supreme Court
'These are very serious crimes and matters that affect the public interest'
The Calgary father sentenced to 16 years in prison for the brutal sexual abuse of his young daughter will remain behind bars pending an application for leave to appeal his case to the Supreme Court.
Alberta Court of Appeal Justice Jo’Anne Strekaf on Monday said allowing the convicted offender to be released on bail would negatively impact society’s confidence in the judicial system.
“The applicant was convicted of numerous sexual offences and the unlawful confinement of his young daughter and given a significant sentence of 16 years,” Strekaf said in a written decision.
“His sentence appeal was dismissed. These are very serious crimes and matters that affect the public interest.”
Strekaf also noted the grounds being raised before the Supreme Court by defence lawyer Efrayim Moldofsky are the same ones the Alberta appeal court rejected.
“As noted previously, the grounds on which the applicant seeks leave to appeal primarily challenge the trial judge’s evidentiary assessment and credibility findings.
“These same arguments were raised on appeal before this court, reviewed and unanimously dismissed.”
Strekaf said the chances Moldofsky will convince the nation’s top court to grant leave for a full appeal to be argued are not great.
“The likelihood of leave to appeal being granted by the Supreme Court on the grounds alleged is relatively low,” she said.
Justice Bruce Millar convicted the man of repeatedly sexually abusing his daughter, sometimes within the earshot of her brother who could hear her screams, over a period of two years.
The abuse occurred when the victim was between two and four years old.