A2- The Terrace Standard, Wednesday, June 8, 2005 Local man guilty of making sexual advance toward boy - By MARGARET SPEIRS ‘A TERRACE man has been found guilty of making a sexual advance toward a boy at a local shopping mall last summer. Jacques Charbonneau, 59, was convicted June 2 for mak- -ing an invitation to sexual touching toward a 12-year-old boy in the men’s washroom of the shopping mall on July 30, 2004. ' During the two- day trial in Terrace, court heard the boy was in a washroom stall when a hand appeared under the wall between the two stalls with a note inviting the boy to meet for a specific sexual rendez- -vous in a nearby store. The boy testified he threw the note on.the floor and ran out '. of the bathroom. He immediately told his stepfather, who was in the mall at the time. They went to the store named in ‘the note, where the boy identified Charbonneau as the man who passed him the note. * The boy’s stepfather grabbed Charbonneau and Terrace | -RCMP were’ called, court heard. In his closing statement, defence counsel Paul Johnston argued his client had repeat- ' .. edly admitted to making an honest mistake. “It's clear on all the evidence that Mr. Charbonneau did not believe this person to be under 14,” Johnston said, add- ing his client made “all reasonable attempts” to ‘determine the boy was over 14 and therefore of the age of consent. Johnston said the defendant saw physical characteristics that led him to believe the boy was an adult and felt he did: not need to make additional inquiries. Charbonneau testified . he spied on the boy through a Small hole in the dividing wall between the.two bathroom stalls. He testified he saw. what he believed to be an adult masturbating im the stall. “If he’s convicted he’ll be labelled as a predator, but: he’s not. He’s a 60-year-old widowed gay man in Terrace,” _ Johnston argued. “‘Let’s not convict him for being a Peeping _ ‘Tom. That’s notwhat he’s charged with.” Charbonneau also testified he saw the boy's feet under | the stall. divider and guessed by their size that they belonged ~ Gity looking for new ~ building inspector - THE CITY of Terrace is searching for a new senior building a inspector: : That’s because James Weldon, the current building inspector, is leaving: Tefrace later this month to take on a new position in North Vancouver. Weldgn came to Terrace 18 months. ago. He says the move will bring he and his wife Serena closer to family and : friends. . - : ' “Serena is from China and I’m from England so it’s logis- “tically a lot easier for us getting home and meeting people,” ” , Gare Tak. 3 " can ee {.....kaving. Trouble | a Weldon says. The’ city. has posted an » advertisement for the position oo which closes June. 17 — the : same date as Weldon’ S last day “on the job. UPLAND’ S NURSERY Quinton Freeman Beating the Heat . We have had some beautiful days so far this year. The sun has warmed us up and helped everything to grow so beautifully. There is only one problem with beautiful summers like this one, and that is keeping everything watered. When the weather.is hot and dry it takes a lot.of water to keep plants and grass looking . their best. it becomes difficult to keep up. Maybe you have driven by some houses where the grass is still a “lush green and nothing looks like it is suffering for water and you wonder how-they manage to keep it looking so good in this weather..| would bet that they have an irrigation system. In the summer heat an irrigation system is a must have in order to achieve maximum performance out of your lawn and gardens. If you are considering installing amirrigation system there are a few things to consider. . First you need ‘to calculate the amount of flow that you have available and put this into gallon per minute (GPM). This is important to know so that you can calculate how - many. sprinklers can be run at the same time. Next you ‘divide up your yard into zones. Each zone gets watered _ individually so that you have optimum pressure. There are two. types of systems. The first is a professionally installed system with pipes and hoses under the ground and sprinklers that pop up and water. The second type is.one that you put onto your outside _facet with hoses attached. There are several varieties of these... Simple ones-need to be turned on every time you use them and a timer will turn them off. A more complex version can be set to turn on multiple hoses at different times on odd or even days, everyday, or every second day. . Irrigation systems will save you time and are important ‘to have if you want your yard to look its best. You don't have to worry that the plants and grass are going to die, and if you go.on vacation you don’t have to have someone come over and water for you. “Best s selection. of PVC | in Terrace! | ’ Abt 1a Pic ten tt — 7 www.uplandsnursery.com °Trees & Shrubs *Turf eAnnuals *Garden Supplies °Perennials Specialty Rhododendrons 635-2603 4838 Highway 16 West, Terrace — to an adult, Provincial Crown Barry Zacharias argued the boy’s testi- mony contradicted that of the accused. ‘While Charbonneau ” claimed the boy's shoes were white with red stripes, the boy testified they were in fact black and dark grey. The boy also denied that he was doing anything other . than using the toilet in the stall, court heard. “That’s an important point because it’s a direct clash on * the evidence,” Zacharias said, adding the accused did not make sufficient attempts to determine “the age of the boy. - “He didn’t do anything. All he sees is the midsection ofa boy, if court believes him, and a shoe that’s size 8; not. 10 or 12 or Shaq O’ Neill 23, but size 8,” Zacharias said. “That’s all he relied on here. There! s been no communi- cation with the boy.” In reviewing. the case; de Walle said Charbonneau ad- — mitted to passing the note but testified he had no interest in children. “It’s not a defence that the accused believed [the victim] “ to be over 14 unless:he took all reasonable steps to ascertain — his age,” Judge deWalle said. “Dealing with the testimony of [the victim] I found him to bea forthright. believable and credible witness.” He added he did not accept the accused’ S testimony t toa large extent. Charbonneau knew it was a public washroom and that he could expect children to use it-yet he took no steps to ascertain age, de Walle told the court. “Where his testimony differs with the complainant, hz ac- cept the evidence of the complainant,” de Walle said, adding Charbonneau clearly had a reason to pass the note at which time he showed criminal intent. Sentencing will take place in six to eight weeks after a pre-sentence report is prepared. ..". wr ROH Clothing “and Armour in stock. 7 Days A Week . 635- 5225, Lazelle Mini Mall GR EEN WOOD eaROERAC TIC SER VICES _ @ Emergency Care & X- -Ray — e Auto & Work Injury : _ © Sports Injury © Footmaxx Orthotics : _NO REFERRAL NECESSARY — Dr. R.D. Greenwood. 4635 Lazelle Ave., Terrace, B.C. 638-8165 ‘OPEN MONDAY TO SATURDAY Our forests are a source of pride for British Columbians. Tourists and residents alike marvel at their grandeur. Working families, forest communities and our parklands rely on our forests. Yet every year, 4 an average of 2, 000 forest fires put it all at risk. . People cause about half of all forest fires, endangering lives, damaging real estate, and having MAY-JUNE 2005 | 4 “f ee “ MAY-JUNE 2005 Ss % e a SALLLILAAIL, LLL LLELL LS LLL Min Total Min — Total Temp Precip |* Precip °C mm |: mm 6.2 0.4 0.4 TI 0.6 2.0 7.5 5.2 2.2 : n/a n/a 0.2 ' 31 n/a n/a forecaster at. ae | n/a eee ee 2 21.5 Vacation Travel . During summer vacation period, travelers: should expect to meet recreational vehicles on the _[ 8 highway. Many of these travelers will be unfamiliar 3 with the local Highways and may travel at a slower 3 pace, stopping to take advantage of the many scenic views along the way. Please exercise care and courtesy during these busy periods. Long weekends are especially busy on the Highways, extra caution and allowance for longer travel time due tg traffic congestion is required. a negative impact on tourism. Last year.there Protect yourselves and our forests. 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Spa PORTABLE Ek LUXL AFFORD _* Encircle campfires with rocks to stop fire spreading. * Don't build campfires less than 3 metres from trees, brush or wood * Keep a shovel and pail of water near your campfire. - Homeowner Safety * Keep trees, shrubs, branches and other flammable material at least 10 metres from your home. * Trees near your home should be no more than 2 metres in height » and at least 3 metres apart. * Remember to clean your gutters and chimney.’ General Fire Safety *When smoking outside, dispose of cigarettes and matches safely. - Never toss a lit match ora cigarette out of your Car. * Don't burn grass or yard waste on windy days. *To report a wildfire call 1-800-663-5555 or *5555 from a cellphone. 1; For more information on how you can prevent forest fires, visit www.gov.be.ca, BRITISH COLUMBIA