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BUSINESSMAN GUILTY

TheReview Wednesday, October 28,1992 — A2

Continued from Page Al
consented to sexual activity but
may have later regretted going too
far.

The girl testified Gardener even-
tually drove her home, forcing $20
on her before dropping her off.

On September 12, 1991, the girl
confided in a school counselor,
who reported the incident to
police. An investigation uncovered
a second victim.

Questioned by Crown counsel
Anne Wallace, Gardener admitted
he had hoped to have sex with the
14-year-old and the offer of a drive
home, the friends at the ferry and
the phone calls were all lies.

“T just made that up. I just
wanted to get her to my house.”

The second teenage victim said
she was also encouraged to come
to Gardener’s home and, once
there, was pressured into trying on
lingerie.

“She was shy about her
body...she was reluctant at first,”
Gardener said:

The second teenager testified
Gardener became aroused and
pleaded for oral sex.

Gardener testified he accepted
the girl’s refusal. “I never tried to
force a relationship on her.”

Gardener said he feared that

neither girl would accompany him
if he admitted his sexual intentions
at the outset.

“You just wanted sex and were
going to get it any way you could,”
Wallace charged.

“Yes,” Gardener replied. He
said he did not know the age of
either victim and thought both
were “old enough.”

Under cross-examination, Gar-
dener admitted he had a prior
record for sexual offences. —

Corrigan told the court his client
may have been a “cad” and his
methods ““despicable’’ — but
described Gardener’s actions as a
variation on the dinner-and-
flowers approach taken by other
men who hope for sexual favors.

Gardener chose to lure with
“subterfuge...and chicanery, ” Cor-
Tigan said.

The lawyer questioned the
responses of both victims, main-
taining the 14-year-old should not
have climbed into the hot tub or
agreed to the massage if she was
Not interested in a sexual experi-

gerie for Gardener, Corrigan said.

Wallace said Gardener took
advantage of the girls’ youth and
inexperience.

“He wanted what he wanted and
that was sex. And he was deter-
mined to get it.”

She asked the judge to view the

incidents through the eyes of \

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young girls in difficult positions.
“These were not consenting
adults. Any seasoned, mature
woman might have been able to
handle the situation.”
The 14-year-old told the court,
“He was my elder. I trusted him.”

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