Judge Brian Fraser called the ordeal of a Morinville teacher a “tremendous injustice” as he dismissed the sexual assault charges against him on Friday.
Michael Dubas, who was facing charges of sexual assault, sexual interference and sexual exploitation, was acquitted on all charges.
Fraser went further, saying not only that he simply did not have the required evidence to find Dubas guilty, but in fact believed his version of events.
“I believe this accused and accept that at no time did Mr. Dubas touch either girl,” said Fraser. “ One hopes that this decision will result in the resumption of a successful teaching career.”
Dubas had several supporters with him throughout the five days of trial proceedings, many of whom broke into tears and hugged him once the decision came out.
Outside the court, Dubas said he was thrilled with the verdict.
“I am very, very happy to be cleared of all of these charges and I just want to have my life back.”
His lawyer Brian Vail said Dubas had been through a “living hell” for the last several months with these charges hanging over him.
Vail said the judge's decision was an immense relief for his client.
“He rejected the evidence of the complainants, he accepted the evidence of Mr. Dubas. This is a complete clearing.”
Dubas had been a teacher at G.H. Primeau School in Morinville for almost 30 years before being placed on paid suspension when the charges came forward last October.
Vail declined to elaborate, but said he thought the process was unfair and the charges should never have reached a courtroom.
“The RCMP investigation in this case was abysmal, the worst I have seen in 25 years as a lawyer.”
The two complainants were students at the school and both alleged that Dubas had touched their breasts during encounters in October and February of last year.
The first girl testified Dubas had touched her under her shirt and bra in the hallway, while she was putting up posters. She said the incident happened in February, but she did not come forward until the second set of allegations came to light in October.
The incident involving the second girl was alleged to have happened in October. The girl said Dubas had touched her breast overtop of her clothes while walking down the hallway.
The court was shown video of the hallway from that date. In his decision, Fraser said that was one of the main reasons he dismissed the girl's evidence.
He said even if any incident happened, which he did not believe, it did not happen when the girl said it had.
“It certainly did not happen between 2:34 p.m. and 2:41 p.m. as she would have us believe.”
Fraser said that girl's testimony was generally unreliable and he was forced to dismiss it.
There was no video of the February incident that was alleged to have happened, but Fraser also said he had trouble believing Dubas would do what he had been accused of while anyone could have been walking down the hallway.
Vail had put forward during the trial that the two girls had concocted their plan because of a grievance they had with Dubas.
He said the pair had a reputation for bullying and called several other students who testified the girls had displayed a cavalier attitude about the charges.
Fraser said he didn't put much emphasis on this evidence, instead focusing on the three main players — the two complainants and Dubas.
Crown prosecutor Karen Thorsrud was asked after court if the two girls could face charges. She said that was unlikely.
“The judge made a finding that he did not believe the complainants in this case, but that is not evidence that they were in fact lying.”
