http://www.rwmlaw.com/studies.html
Rosen Wasser McArthur
Criminal Law Barristers
Cindy Wasser
Case 2: Nanny accused of sexual abuse – Case dismissed due to lack of evidence
Vilma Climaco,
a Filipina nanny who had been working in Canada since 1991 was arrested on
February 4, 1999, on allegations that she had sexually abused four-year-old
twin boys at her previous place of employment.
While employed by the accusers, Climaco’s ex-lover
and her son’s father, Joseph Kiss, told the family numerous times that she was
physically abusing their children. The family eventually believed him and fired
Climaco. The family notified the police of their suspicions
after hearing accusations of sexual abuse against Climaco
from their four-year old twin sons. Before the trial, information surfaced that
the twins had engaged in inappropriate sexual play with a 12-year-old
neighbourhood boy, an event that had been witnessed by the father of the family
and investigated by police. No charges were laid against the young boy.
Climaco’s first trial started in September 2000, but Wasser, Climaco’s lawyer,
requested a mistrial when the prosecutor declared its intention to have the
12-year-old boy who had engaged in inappropriate sexual play with the twins,
testify. The boy denied abusing the twins but now alleged that he had seen Climaco abuse the twins and that she had also abused him.
Prior to the date of the second trial, the 12-year-old boy was interviewed by
police on videotape three times. His stories were found to be contradictory,
and in the final interview, he said that he had been lying all along. The
prosecutor decided to proceed with his evidence in any event.
The second trial started on January 2, 2001, but charges were dismissed by the
judge after he agreed with the defence that the statements made by the
12-year-old, the twins, Cimaco’s own child and, her
ex-lover were unreliable and not credible. Charges against Climaco
were dropped on Thursday, January 11, 2001.