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A judge has approved amendments to broaden dates on the indictment of a Regina music teacher that has been accused of sexual assault.
Justice Holli Kuski Bassett made the decision after she heard arguments from the Crown and defence lawyers on the second day of 73-year-old Claro Belen’s trial.
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Belen is facing four charges relating to the alleged incident that took place at a nine-year-old’s private music lesson that was originally reported to have happened on February 3, 2024.
The amendments to the indictment would expand the dates of the alleged offence from August 1, 2023, to February 3, 2024.
The dates were expanded to encompass the time frame in which the nine-year-old girl took music lessons from Belen.
The child testified on Monday that she couldn’t remember the specific calendar date on when the alleged sexual assault occurred.
The girl did tell the courtroom that she attended percussion classes every Saturday at the music studio with Belen.
She alleged that Belen sexual assaulted her in the bathroom of the music studio, after he had laid on top of her in his office.
Kuski Bassett said the widening of the dates didn’t change key details of the defence’s case.
“I’m not persuaded that the dates included in the indictment were in any way crucial to Mr. Belen’s defense,” Kuski Bassett said. “Nor that irreparable harm will be caused to the defence if the amendment to the date is allowed.”
The trial is set to continue at Regina Court of King’s Bench on Wednesday afternoon.
Arguments on wrangling offence dates
Crown lawyer Jillian Borrowman made the submission to amend the dates on Belen’s indictment from one day to include the seven months the child was attending music classes.
She used evidence from a Supreme Court of Canada case where it decided the Crown’s decision to shift the time frame of the offence was only prejudicial where the date and time is an essential element or crucial to the defence.
Defence lawyer Nick Robinson argued date amendments should have been made at the preliminary hearing, instead of the trial.
He used a decision in a case from the Ontario Court of Appeal, where it said the Crown’s amendments to the indictment during a trial “should not be encouraged because they usually work towards the prejudice of the accused.”
“Going from defence preparing for a case that’s focused on one date, to a case that’s focused on any number of occasions in a seven month period is a significant change,” Robinson said. “It’s a seismic shift.”
When asked by Kuski Bassett if the date was crucial to the defence, Robinson said it was.
“The accused now has to assess the interactions that he may have had with the complainant on upwards of, I think, 20 something different days,” he said.
Robinson added the date is an essential element for how the defence prepares for trial.
Borrowman said she put forward the amendment based on evidence that was heard in the trial.
“This is still a single incident,” she said . “The date range is simply to address the fact at trial that it could not be confirmed by the 11 year-old complainant that it was Saturday, February 3 (2024),” she said.
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