No one loves the messenger who brings bad news. Bang on Sophocles, although the ancient Greek bard might have inserted the adjective “local” right before news. Ever since I reported details of a sexual assault trial on a radio station in Parrsboro, Nova Scotia, (see previous post), local Facebookians have been erupting in howls of outrage against the newcomer to town who simply told the unpleasant truth.
I am shocked, appalled and ANGRY with this piece of GARBAGE writing. That should have not be aired on RADIO !!! That man should be physically removed from that station. You call that Journalism when you air a victims testimony for all of Parrsboro to here only to shame her in front of many and during the day when there are children listening . SHAME ON YOU WARK…Your ethics are low since your retirement, but then again you can’t lose what you don’t have…
I think Bruce Wark should go back to where he came from , why would a man come to a town and make himself soo hated. Any man who would admit to being a friend of some filthy pervert should be very ashamed of himself!!!
Yes, I did say in my previous post that Ross Robinson is my friend. I met him four months ago when I began my scandalous career as a volunteer reporter at CICR, Parrsboro’s community radio station. Robinson has managed the station since it acquired its full-time broadcast licence in 2008. On January 25th, he was convicted of sexual assault in Amherst provincial court for touching a woman’s back and making sexually suggestive comments during a visit to her home last June.
I covered his trial and reported on CICR that the judge ruled the unwanted touching was sexual in nature and therefore constituted an assault. Under the criminal code, sexual assault can range from unwanted touching to violent rape. In this case, the judge described the assault as being “on the low end.” I also reported that Robinson is appealing his conviction to the Nova Scotia Supreme Court.
Radio station wars
To put it mildly, my reporting did not go over well with the outside group that is vying to oust Robinson from his manager’s job and take control of the radio station themselves. One of their favourite weapons of war is a public Facebook page that has so far published dozens of posts similar to the ones quoted above. (I cannot link to it because the page repeatedly identifies the victim, in violation of a court-imposed publication ban.) They’re also circulating an online petition that carries the headline: Stop a sexual predator from controlling our community radio.
The petition’s misleading first paragraph reads:
Ross Robinson, the station manager of the local Parrsboro Community Radio station has been convicted of sexual assault. Since that time he has used his position at the radio station to re-victimize the woman he assaulted. Obtained from court documents; the radio station aired a (selectively) detailed report on the assault and broadcasted unnecessary details of the victims past. This attitude of victim-blaming and victim-shaming is unacceptable.
That paragraph contains a number of inaccuracies and/or misunderstandings of the Canadian judicial and media systems. Here are my responses:
(1) I wrote the report on the trial with legal advice from the Amherst lawyer the board of directors of Parrsboro Radio Society hired in an effort to get the ban on publishing Robinson’s name removed. No one added a word to the report or suggested any changes. I broadcast the report myself (twice) so it is inaccurate to say Robinson used his position at the radio station to broadcast the report. My authority to broadcast it flowed from the board’s decision to challenge the publication ban in the interests of full public disclosure. As I pointed out in my previous post, we felt the station should not hide behind a publication ban. Our listeners deserved to know that the station manager had been convicted of sexual assault. We also felt it was necessary to summarize the evidence at the trial as well as the judge’s ruling so that people would know the facts rather than having to rely on town gossip.
(2) My reporting did not “re-victimize” the victim. My story was based solely on court-room testimony and the judge’s ruling. Canadian courts are open to the public and the media and, unless a specific ban is imposed on reporting, their proceedings are fully reportable. In this case, there was never any ban on reporting what happened in court, except for details that could identify the victim or the offender. Once we got the ban on the offender’s name lifted, I could identify him. But I still had to steer clear of details that could identify the victim. That is why, on the advice of our lawyer, I avoided reporting a few details that came out in court, but I did report most of what I heard, relying on both my notes and my transcript of an audio recording of the trial.
(3) The Charter of Rights guarantees freedom of the media to report on court proceedings. But Canada’s Supreme Court has ruled that sexual assault victims also have the right to privacy. These conflicting principles are resolved by imposing publication bans on naming or identifying victims, leaving the media free to report details of a trial as long as a victim’s identity isn’t revealed. For a detailed discussion of these principles see: Victim Privacy and the Open Court Principle by Jamie Cameron, Professor of Law, Osgoode Hall. (2003). Policy Centre for Victims’ Issues, Research and Statistics Division. Retrieved from the federal Department of Justice: http://www.justice.gc.ca/eng/pi/rs/rep-rap/2003/rr03_vic1/rr03_vic1.pdf
(4) In Canadian Newspapers Co. Ltd. vs A.G. Canada (1985), Chief Justice Howland of the Ontario Court of Appeal summarized the importance of open courtrooms this way:
The freedom of the press to report what transpires in our courtrooms is one of the
fundamental safeguards of our democratic society. Justice is not a cloistered
virtue and judicial proceedings must be subjected to careful scrutiny in order to
ensure that every person is given a fair trial…. Openness of the courts is essential
for the maintenance of public confidence in the administration of justice and to
further a proper understanding of the judicial system…. It gives the public an
opportunity to see that justice is done. There is necessarily implicit in the concept
of an open court the concept of publicity; the right of the media to report what
they have heard in the courtroom so that the public can be informed about court
proceedings, and public criticism, if necessary, engendered should any
impropriety occur.
(5) CICR did not air a selectively detailed account of the assault. I summarized the victim’s account as well as the offender’s, leaving out details that could identify the victim. In fact, I have been criticized repeatedly for reporting too many details of the assault, but given the huge public interest in the case, I decided to give as full an account as I could based on the evidence the judge heard. This is standard journalistic procedure where public interest is high. See, for example, the ongoing coverage of the Tori Stafford murder trial.
(6) I did not broadcast “unnecessary details” of the victim’s past. My job as a journalist was to summarize the evidence introduced by both the prosecution and the defence. In this case, it was the word of the victim against that of the offender. There were no other witnesses called to testify about what happened that day at the victim’s house. The defence sought to cast doubt on the victim’s honesty by questioning her about her criminal record. When the victim herself questioned the relevancy of her criminal record, the judge directed her to continue answering the questions. As I suggested in my report, the judge ruled, in effect, that her criminal record did not lessen her credibility in his mind and that her testimony was more believable than Robinson’s: “The judge ruled Robinson’s version of events was less believable than the victim’s…The judge said the victim readily admitted she had a criminal record, but doesn’t appear to have had any problems with the law since 2004.”
(7) I realize from her many public comments that the victim is upset and angry about my reporting. I’m sorry she feels that way. As I told Andrew Wagstaff of the Citizen-Record: “Sexual assault cases are never pleasant and this one certainly wasn’t, but I felt people should know what the testimony was and how the judge ruled.” This was neither “victim-shaming” nor “victim-blaming.” It was professional journalism. No one has challenged a single fact in my reporting and no one has shown, based on either the trial transcript or what they heard in the courtroom, that my summary of the testimony and the judge’s ruling was one-sided or biased.
Guerrilla journalism?
Enough said? Well, not quite. I think I’ll give the final word to one of my devoted fans on Facebook:
Never in a news story have I heard a victim drug through the mud like this. To say that B.Wark is a journalist is a JOKE! This style of Gorilla Journalism is a very Fox News style aproach. During the Robert Picton trials they found that the RCMP didn’t take the investigation seriousley because they were thought of as shady-ladies. So girls, no push-up bras, tank-tops, short-shorts or tight fitting jeans because that must give a man the right to oggle you or assault you. SHAME!! SHAME!! We all have a past, mine is not spotless but I always had a moral compass to follow.





