A retired Chatham-Kent violin teacher has been found not guilty of sexual assault, sexual exploitation, and sexual interference.
Justice Thomas Carey says he didn't have enough evidence to convict 72-year-old Claude Eric Trachy. Carey agreed with the defence that Trachy had no sexual intent and got no sexual gratification when he touched the breasts of twenty female students while measuring for violin chin and shoulder rests.
The women range from 30 years old to 65 and complained in 2015 about Trachy’s inappropriate touching during violin lessons that dated back many years.
Justice Carey said there were no complaints before the investigation started and pointed out that students could have declined the measuring.
Defence lawyer Ken Marley said the complainants had an axe to grind because they were upset Trachy was still teaching after being convicted of sexual interference in 1993.
"He [Justice Carey] said I accept Mr. Trachy's evidence that touching was not done for a sexual purpose. That's a vindication of Mr. Trachy and his family and his approach to teaching," said Marley.
Trachy served 60 days in jail on weekends in 1993 and was later pardoned.
Some complainants started sobbing in court as the judge read Trachy's not guilty verdict. They and their families call Justice Carey’s decision disgraceful, extremely disappointing, and a miscarriage of justice.
There's been no word yet if the verdict will be appealed.
Trachy's family declined to comment.
Michelle Schryer, the executive director of the Chatham-Kent Sexual Assault Crisis Centre, said the verdict has left her profoundly disappointed and upset.
"This is a decision that's been made but it's also another clear piece of evidence about why the "Me Too" movement has come to be and why it's important. Giving voice to experience is sometimes the only modicum of justice and victory that a woman can have," Schryer said.
Marley says the crown fell short with her evidence because she didn't call witnesses from 1993 to connect the acts together.
"There was none of that. There was no evidence from those complainants. There was no evidence as to the judge's decision in 1993. So, the judge really had nothing to assist him in that regard," Marley said.