Appeal court reserves decision on ex-Esgenopetitj chief's sex-crimes conviction

The New Brunswick Court of Appeal has reserved decision on former Esgenopetitj First Nation chief Wilbur Dedam'sappeal of his convictionon six sex crimes against three girls in the community dating back to the 1970s.

A three-justice panel heard arguments from both parties in Fredericton on Tuesday but will render a written decision at a future undetermined date.

Dedam, 64, who was present with about a dozen family members and friends, remains free on bail under several conditions, pending the court's ruling.

• Ex-Esgenopetitj chief's appeal adjourned over possible error in sex crimes trial
• Wilbur Dedam released on bail pending appeal of sex crimes conviction
• Defence appeals Wilbur Dedam guilty verdict

The defence focused on a few "substantive" issuesduring oral arguments, including the factDedamwas excluded from the courtroomat least twice during his trial inMiramichiin the fall of 2016, said defence lawyer Michael Lacy, of Toronto.

They contendDedam'sexclusion wasa legal error. The Criminal Code of Canada states "an accused shall be present in court during the whole of his or her trial."

Dedam's appeal was originally scheduled to be heard in November but was adjourned untilTuesday after Lacy discovered the possible error. The Appeal Court set the matter over togive the lawyers more time to prepare their submissions.

Other defence arguments Tuesday centred around the trial judge's instructions to the jury, said Lacy.

The defence contendsCourt of Queen's Bench Justice Tracey DeWare's instructionswere "deficient in several respects" and that these "errors of law occasioned a miscarriage of justice."

Crown prosecutor Kathryn Gregory made arguments on behalf of the Attorney General. She could not immediately be reached for comment on Wednesday.

One of the complainants was present, said Lacy.

The three justices Marc Richard, KathleenQuiggand Barbara Baird "had a number of questions for both our side and also for the Crown," said Lacy.

"They were clearly engaged by the issues andclearly read all the material and now we'll await the outcome."

Dedam was found guilty on Sept. 29, 2016, ofsexual intercourse with a female under 14, sexual intercourse with a female under 16, sexual intercourse without consent, illicit sexual intercourse, and twocounts of sexual assault against two femalesbetween 1977 and 1985, whenhe was chief of the First Nation northeast of Miramichi.

He was sentenced on Dec. 5, 2016, to nine years in prison, but the defence filed an appeal the following month.

Dedamwas released on bail in April 2016, pending his appeal. On Tuesday, the court extended his bail until Sept.11, anticipating a decision will be released before then.

"Hehas, you know, every confidence in the administration of criminal justice in the provinceand he'll await the outcome of the appeal," said Lacy.

Asked how Dedamis doing, Lacy said the case has "taken a significant toll on him and his family."

"It's not easy for anyone to be exposed to the criminaljustice system in this way, and I think that would hold true for him as well."