Disgraced Edmonton lawyer who sexually abused youngsters seeks bail
He appealed each his conviction and the sentence June 14, arguing Justice Earl Wilson made authorized errors in admitting proof and deciding his sentence
Article content material
A retired Edmonton lawyer convicted of sexually abusing his youngsters is searching for bail pending an attraction of his conviction and sentence.
Commercial 2
Article content material
Helmut Berndt, a 73-year-old former private damage lawyer, was sentenced to 14 years in jail final month after a jury convicted him of 5 sexual offences in opposition to his three youngsters starting within the mid-Nineteen Eighties.
Berndt — who denied the allegations — confirmed no regret in a press release to the court docket previous to sentencing. He appealed each his conviction and the sentence June 14, arguing Justice Earl Wilson made authorized errors in admitting proof and deciding his sentence.
Berndt is asking the Alberta Courtroom of Attraction to both impose a shorter sentence or strike down the convictions and order a brand new trial.
On Thursday, Berndt’s lawyer appeared earlier than Courtroom of Attraction Justice Jack Watson, arguing his consumer must be launched from the Edmonton Remand Centre pending the attraction.
Commercial 3
Article content material
Brian Beresh advised court docket that Berndt is neither a flight threat nor a menace to the general public.
“Here’s a one that served the (authorized) occupation for years, who has had no hassle with the legislation earlier than or after these allegations,” Beresh mentioned. “An affordable member of the general public wouldn’t lose confidence within the administration of justice (if he’s launched), realizing appeals are expedited.”
Crown lawyer Robert Fata disagreed, citing current caselaw instructing courts to take a harder stance on youngster sexual abuse.
“Public confidence can be significantly compromised if the applicant was launched pending attraction,” he mentioned.
Throughout trial, jurors heard how Berndt repeatedly sexually abused his youngsters between 1986 and 2001. Similtaneously Berndt was abusing his youngsters, he was actively campaigning in opposition to CARE kits, a sexual abuse prevention program being rolled out in Edmonton public colleges.
Commercial 4
Article content material
All three youngsters, now adults, gave proof at trial and efficiently eliminated the necessary publication ban on their identities.
Berndt argues in his attraction that Wilson dedicated a authorized error in admitting testimony from daughter Juanita Falkingham about statements made by her siblings, Cedric Shui and Lavinia Perreault.
He additional claims Wilson incorrectly dealt with statements Shui and Perreault gave throughout a 2001 investigation by Baby and Household Providers.
As for sentence, Wilson imposed a punishment that was “unduly harsh within the circumstances of the case,” Berndt claimed. Throughout sentencing, the Crown requested for 15 years in jail, whereas the defence argued for not more than eight.
Watson, the Courtroom of Attraction justice, will ship his choice on bail subsequent week.
jwakefield@postmedia.com
