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Coach/molester Neil Barry out on $30K bail pending appeal
Barry was recently sentenced to nine years in prison for sexually assaulting two Indigenous youth under his care some 15 years ago
“The judge found a likelihood of reoffending … but did not put the risk of re-offence at any particular level.”
– NWT Court of Appeal Justice Jane Fagnan
(Readers, please note this story deals with sexual exploitation of young people.)
Former NWT teacher and basketball coach Neil Alexander Barry — convicted of sex crimes against two his underaged Indigenous students — is a free man while his appeal winds its way through the courts.
“The applicant has established the appeal grounds are not frivolous,” NWT Court of Appeal Justice Jane Fagnan stated in a ruling released today.
However, later in the same document, the judge stated: “Given the applicable standards of review, the appeal grounds do not appear to be strong.”
Barry was sentenced on September 10th to a total of nine years in prison for sexually assaulting two Indigenous youth under his care some 15 years ago.
Barry taught in a Sahtu Region community and Yellowknife between 2007 and 2017 and was found guilty earlier this year of sexual assault and sexual exploitation after a three-week jury trial.
The assaults took place in the Sahtu community and during a basketball tournament and tryouts for the Canada Summer Games, in a Yellowknife hotel, when Barry would stay in the same rooms with his victims.
Trial judge Justice David Gates said during sentencing that Barry’s actions involved “grooming, deceit” and the exploitation of a position of trust.
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- NWT Court of Appeal Justice Jane Fagnan. (Photo: Alberta Court of King’s Bench)
The Appeal Court judge on Monday wrote that Barry takes the position the jury was not adequately instructed regarding how to consider demeanour evidence or on the permissible use of third-party demeanour evidence.
The applicant also says the jury instruction was incomplete and erroneously vague in relation to evaluating evidence of adults about events occurring prior to turning 18 years.
Demeanour evidence refers to a witness’s observable emotional and mental state, conveyed through their body language, facial expressions, and tone of voice, which is used to assess their credibility and truthfulness in court.
Trial judge Gates told court that one of Barry’s teenaged victim’s “thoughts turned to suicide,” as the trauma he linked his experience at the hands of a molester with the trauma his grandfather endured in residential school.
“In my view, that comparison is not misplaced,” said the judge, as Barry, 48, sat at the defence table, wearing jail-issued clothing.
“In both settings, Indigenous children and youth were entrusted to the care of authority figures — often white teachers — only be only to be betrayed through sexual abuse … the legacy of residential schools remains an inter-generational reality for Indigenous people in Canada.
“The facts of this case tragically echo that history.”
Barry has maintained his innocence and refused an opportunity to apologize to his victims when asked by the judge.
Barry had been on bail with conditions for almost five years without re-offending.
Still, Justice Gates decided Barry was “at some risk to re-offend.”
Barry’s life has been destroyed since he was first charged.
He has spent his pension, sold personal items and has been caring for his ailing mother in Prince Edward Island.
He will never teach again and will be on the national sex offender’s registry for 20 years.
He also can’t contact the victims while serving his sentence.
As for bail, Barry has “an enhanced release plan,” including a suitable surety making a $30,000 financial pledge and to be barred from the NWT, except for court if needed to be there in person.
The release plan also “addresses contact with minors,” read Monday’s decision.
