Barry John Cook

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Barry Cook was convicted of sexual abuse of two young girls, who were the daughters of a co-defendant at trial, but were living with their mother and another co-defendant during the period of abuse.. The main question at trial was not whether the abuse had happened, but which individuals were responsible. On appeal, the credibility of one of the girls was brought into question. In a post-trial interview she had made substantial further allegations such that there were now 20 people involved. The post-trial interview contained copious material that was inconsistent with previous allegations, and the width of allegations and number of persons and incidents alleged to be involved raised a possibility the complainant was confabulating in relation fo various incidents and identities. The interview also transformed the role of the complainant’s mother into someone actively involved in the abuse. The court noted that if those allegations had come to light at trial the Crown might have prosecuted others who were clearly identified, which would have given the defendants greater opportunity to suggest the allegations were false, or alternatively the Crown might have chosen not to prosecute which would have been material to whether the allegations were reliable. On this basis Cook’s appeal and the appeals of two other appellants were allowed.

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