Disgraced Edmonton lawyer who sexually assaulted children seeks bail

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A retired Edmonton lawyer convicted of sexually abusing his children is seeking bail pending his conviction and sentence appeal.

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Helmut Berndt, a 73-year-old former personal injury lawyer, was sentenced to 14 years in prison last month after a jury found him guilty of five sexual offenses against his three children from the mid-19s 1980.

Berndt – who has denied the allegations – showed no remorse in a statement to the court before sentencing. He appealed his conviction and sentence on June 14, arguing that Judge Earl Wilson made legal errors in admitting evidence and deciding his sentence.

Berndt is asking the Alberta Court of Appeal to impose a shorter sentence or quash the convictions and order a new trial.

On Thursday, Berndt’s lawyer appeared before Court of Appeals Judge Jack Watson, arguing that his client should be released from the Edmonton Remand Center pending appeal.

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Brian Beresh told the court that Berndt was neither a flight risk nor a threat to the public.

“Here is a person who has practiced the (legal) profession for years, who had no problem with the law before or after these allegations,” Beresh said. « A reasonable member of the public would not lose faith in the administration of justice (if released) knowing that appeals are expedited. »

Crown attorney Robert Fata disagreed, citing recent case law ordering courts to take a tougher stance on child sexual abuse.

“Public confidence would be seriously undermined if the petitioner were released pending appeal,” he said.

During the trial, jurors heard how Berndt repeatedly sexually abused his children between 1986 and 2001. At the same time that Berndt abused his children, he actively campaigned against CARE kits, an abuse prevention program deployed in Edmonton public schools.

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All three children, now adults, testified at trial and successfully lifted the mandatory publication ban on their identities.

Berndt argues in his appeal that Wilson erred in law by admitting the testimony of his daughter Juanita Falkingham about statements made by her siblings, Cedric Shui and Lavinia Perreault.

He further claims that Wilson mishandled statements Shui and Perreault made during a 2001 investigation by Child and Family Services.

As for sentencing, Wilson imposed a sentence « unduly harsh in the circumstances of the case, » Berndt asserted. At sentencing, the Crown asked for 15 years in prison, while the defense asked for no more than eight.

Watson, the Court of Appeals judge, will deliver his decision on bail next week.

jwakefield@postmedia.com

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