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CORNER BROOK, N.L. — For several weeks, Craig Ayers has been watching the docket for the Supreme Court of Newfoundland and Labrador from his Edmonton home.
There’s one matter scheduled for the court in Corner Brook in which he has particular interest.
Ayers, who is originally from Corner Brook, is one of two alleged victims in a sexual assault case that dates back to the early 1980s.
The two victims, who were in their early teens at the time and are now in their 50s, allege they were abused by Herbert Penney-Flynn, a former Corner Brook resident, who now lives in Toronto.
Penney-Flynn’s trial had been scheduled to be held in Supreme Court from Jan. 27-30.
The online docket Ayers was checking only lists matters set to take place within about 20 days of the current date.
As the days passed and Ayers didn’t see the trial listed, he became concerned.
“I’m thinking to myself, okay, this has been rescheduled; but no, they would have let me know.”
Trial changed in November
“I want closure and the closure is so hard to get.”
- Craig Ayers
Ayers reached out to the victim services office in Corner Brook and was initially told things were on track. But when he questioned not receiving a subpoena or information on his flight home, he was told it would be checked into and someone would call him back.
During the second call Ayers learned the trial had been moved to April.
The news came as a blow.
Ayers had been prepared to come home to face the man he has accused.
He spent most of Christmas getting his head ready, booked time off from work and made plane reservations for his daughter to join him here during the trial.
Ayers had some questions — the first one being why he hadn’t been informed of the change. A conference call was booked with Trina Simms, the Crown attorney assigned to the case.
The call took place Jan. 9.
The decision to hold the trial in April had been made in November.
Ayers said the Crown apologized for not keeping him updated. She explained the judge in the matter had resigned a few months ago. The Crown had tried to keep the January dates, but it wasn’t possible as the court had to rearrange scheduled matters.
Unfortunately, keeping Ayers informed fell through the cracks.
Frustration, aggravation
“My aggravation is with why delay after delay after delay, non-stop.”
- Craig Ayers
“I understand that aspect. Everybody is human, everybody’s got a workload and sometimes the workload is too much,” he said.
“My aggravation is not so much at her, because I understand. I’m a human, too. I screw up. We all screw up.
“My aggravation is with why delay after delay after delay, non-stop.”
The trial had already been rescheduled from November to January, and Ayers had hoped it would be the last postponement.
But this latest delay has left him in a pretty tough situation.
“It took me 30-some-odd years to come forward,” he said.
He spoke of the effort it took to do that, and things a person goes through when they’ve been sexually assaulted.
“Fighting depression,” he said of his mental state. “I want closure and the closure is so hard to get.”
Dealing with the recent letdown, he feels like the case is not being treated with any importance because the events were more than 30 years ago.
“Yesterday, I was angry all day.”
He also has to get ready for it all over again by booking more time off work, and is out the money for his daughter’s plane ticket.
The hardest part will be building himself back up, emotionally and mentally, for April.
“It plays such a mind game with you. The internal war that you go through.”
In an email to The Western Star, Simms declined to comment as the matter is still before the court but did acknowledge Ayers’ frustrations.
“I can appreciate and empathize with his frustration with delays, as we experience it in different matters for a number of different reasons.”
Twitter: @WS_DianeCrocker
(*Editor's note: While SaltWire Network does not identify alleged victims of sexual assault, the publication ban in this case, specific to Craig Ayers only, was lifted by the court and we are using his name with his consent.)
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