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Closing arguments wrapped up Thursday in the trial of Duff Arthur Friesen, who is facing five counts of assault with a weapon during his tenure at Christian Centre Academy from 1997 to 2007.
Friesen was a principal at the school, formerly known as Legacy Christian Academy, which has since been renamed Valour Academy. Its affiliated church, Mile Two Church, has been renamed Encounter Church.
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Five former students testified that Friesen struck them with a wooden paddle as a form of what court heard described as “scriptural discipline,” a practice tied to a passage in the Bible.
Defence lawyer Daniel Mol told the jury it would be unsafe to convict Friesen because not enough of the evidence was credible or reliable.
He told the jury there was a “frailty of memory” when it came to the recollection of dates and details during the testimonies of former students.
Mol argued the evidence should be viewed carefully when it comes from a witness who exaggerates what happened, pointing to the testimony of Sean Kotelmach.
“Evidence is not credible when it comes from a witness who says that one person assaulted him across several incidents, but later says that was probably that other guy,” Mol said.
Mol also pointed to the testimony of Coy Nolin, who addressed a video statement he gave to police on Aug. 10, 2021. Nolin told the court that after reviewing the statement, he came forward to correct parts of his account about being paddled by Friesen.
Mol said the evidence presented in court leaves a reasonable doubt about Friesen’s guilt and said the jury should acquit him.
Crown prosecutor Sheryl Fillo said that because the allegations are historical and involve incidents dating back to when the witnesses were children, they may not be able to recall exact dates.
Fillo said the Crown is not required to prove the precise date of an alleged offence.
She argued that when the jury considers all of the evidence, it should find Friesen guilty of assault with a weapon.
“There is no dispute that this was a form of discipline used at the school, and that there were various forms of discipline ranging from merits, caution, detention and suspensions,” she said.
“What you have to determine is whether Duff Friesen paddled each victim at least once with a weapon,” she told the jury.
Fillo said paddles sold in the church were made and sold for the purpose of assaulting children or students.
She said what is important is that each Crown witness was able to recall their experience of being paddled.
“They described the pain, they described the humiliation,” she said.
Justice Daryl Labach is expected to instruct the jury on Friday before deliberations begin.
