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A P.E.I. teacher charged with sex crimes against a youth allegedly touched a student’s genitals while trying to remove an object from their lap, according to a video statement from the victim played at the teacher’s trial.
Roger Mbahia was charged with sexual assault and sexual interference — the touching of a person under the age of 16 — on Sept. 29. He has pleaded not guilty and requested a trial in French, which he’s entitled to under the Canadian Charter of Rights and Freedoms.
The trial began Thursday morning in provincial court in Summerside, where the alleged victims’ original interview with RCMP was played in the courtroom.
The student was present at the courthouse, but decided they weren’t comfortable testifying in person. Instead, they appeared on video from another room while the court watched video of the statement.
The student told police they were in class at École Pierre-Chaisson — a francophone kindergarten to Grade 12 school in western P.E.I., where Mbahia was a new teacher — when Mbahia quickly touched their genitals over their clothes while moving an object that was on the student’s lap, near their lower abdomen.
CBC News is withholding details about the victim to protect their identity, but they are under the age of 16.
In the video, in which both the student and officer are speaking in English, the student said they felt “extremely uncomfortable” and reported the incident to the school’s principal.
WATCH | Trial begins for P.E.I. teacher accused of sexual touching:
Trial begins for P.E.I. teacher accused of sexual touching
Roger Mbahia is accused of sexually touching a student at Ecole Pierre-Chaisson in western P.E.I. His trial began Thursday in Summerside, and more details about the allegation were made public for the first time. CBC’s Nicola MacLeod reports.
The court also heard from the investigating officer, who said RCMP were called to the school on Sept. 25 to investigate a report of “inappropriate touching” involving a student.
The alleged victim gave a statement to police that same day and said other students were in class when the incident occurred.
Statements from several classmates were taken days later. Those students are also scheduled to testify during the trial.
Language rights
Much of the morning, before any testimony got underway, focused on Mbahia’s language rights.
A French-speaking Crown prosecutor and judge from New Brunswick were assigned to accommodate a French-language trial, but as soon as the trial began the judge noted the documents outlining the charges were all English.
Mbahia’s lawyer, Alison Ménard, told the court she’d asked the Crown’s office in P.E.I. to have the documents translated three times but the requests went unacknowledged.
Ménard said she eventually had to shift her attention towards her client’s upcoming trial, which she has previously said needed to happen as soon as possible as Mbahia is in Canada on a work permit that was set to expire this month.
The trial is scheduled to resume in Summerside with a second day of testimony on Friday. (Laura Meader/CBC)
None of the evidence gathered against Mbahia was ever translated, and as a unilingual francophone, he wasn’t able to review any of the source material or allegations made against him.
Ménard said this is a violation of Mbahia’s rights, and the Crown attorney from New Brunswick acknowledged the obligation was missed.
“The Crown most certainly respects Canadian Charter rights, and while it is unfortunate that this issue was not raised with the judge during the pre-trial process, we are appreciative of the court for their understanding and accommodation of the matter,” the P.E.I. Crown Attorneys’ Office said in a statement.
“The Crown is also in the midst of confirming communication and shared material prior to the trial, and further information on that will be shared when it is confirmed by the Summerside Crown’s Office.”
Mbahia ultimately opted to proceed with the trial with the assistance of a simultaneous translator rather than request an adjournment. The court heard he has four children and a spouse in Côte d’Ivoire, and has no support or resources on P.E.I.
WATCH | P.E.I. teacher pleads not guilty to sexual misconduct allegations:
P.E.I. French teacher pleads not guilty to sexual misconduct allegations
Roger Mbahia appeared with his lawyer in court Wednesday to enter not guilty pleas to charges of sexual assault and touching a young person. His lawyer says the trial needs to happen before his immigration status expires. CBC’s Nicola MacLeod explains.
Mbahia is not in custody but has to follow a strict set of rules, including wearing an ankle monitor.
The proceedings moved very slowly as the first two witnesses were only comfortable testifying in English. Their words were then translated one sentence at a time by a translator in the courtroom.
Ménard said she expects the trial will take longer than the two days for which it’s currently scheduled.
The trial is scheduled to resume Friday.