By Betty Ann Adam, The StarPhoenix – March 8, 2012
A man who sexually assaulted a teenage babysitter in his hot tub has been sentenced for a second time to 18 months in jail and three years probation.
Kelly Wallbank, 44, was convicted of the January 2008 crime in 2010 and was given an 18-month term, but he appealed. The Saskatchewan Court of Appeal set aside the conviction and ordered a new trial after finding an error in the original judge’s instructions to the jury.
When the matter returned this year to Court of Queen’s Bench, Wallbank pleaded guilty, thereby sparing the victim from having to take the stand and describe the details of the offence again.
Wallbank admits he gave the 15-year-old girl three fruit-flavoured vodka coolers and sat naked in the backyard hot tub with her for several hours before a conversation about sex led to him feeling the girl’s genitals.
“One of us should have acted like an adult and it should have been me,” Wallbank said.
“I shouldn’t have acted like an impulsive teenager. I hope to do better,” he said.
Crown prosecutor Bobbi Fehr said before the guilty plea, the victim, whose identity is protected by a publication ban, was distressed about the prospect of having to testify again.
“Had this gone to trial, the Crown’s position would have been much more severe. It’s relief this matter is concluded,” Fehr said.
In the two years since the original conviction, Wallbank has also been convicted of sexually assaulting a 10-year-old girl in 2007.
He has already served the eightmonth jail sentence he received for soaping the girl’s naked body in the shower of the family change room at a Saskatoon swimming pool.
In the current case, Justice Mona Dovell gave Wallbank three months credit for time spent in custody awaiting sentencing, leaving 15 months yet to be served.
Dovell also ordered Wallbank’s DNA profile to be entered in the national data bank and banned him from possessing weapons for the rest of his life.
Wallbank must also provide his address and other information to the national sex offender registry for the rest of his life.
He is not allowed to have any contact with the victim and may not be in the company of children under 16 unless there is an adult present who knows about his prior crimes and his probation officer has given prior permission.
Wallbank must also take any sex offender treatment or psychological counselling directed by the probation officer.
Defence lawyer Brian Pfefferle said Wallbank had trouble finding work after news reports of his trials, but was eventually hired as a truck driver and mechanic. He hopes to return to that work after his release.