On Friday January 17, two pro-life picketers were found guilty of assaulting abortionist Robert Scott. Fred Huston, 72, and Godwin Cotter, 27, both pleaded not guilty to the offences.
Mr. Huston was fined $250 and Mr. Cotter $150. Both were put on a year’s probation and ordered to stay away from the abortuary.
Abortionist Scott who sustained a broken nose in the incident, faces a separate charge of assault which is to be heard on January 24.
The Court heard evidence that Mr. Cotter and Mr. Huston were part of a pro-life demonstration on June 28, that included an attempt to stop three women from entering the abortuary. The abortionist, seeing the commotion came out of the abortuary and tried to help the women inside.
The Court was told that the abortionist grabbed at Mr. Cotter and asked the protesters to leave but they would not do so. In trying to pry Mr. Cotter’s hand from a railing a scuffle ensured.
The abortionist is 6’6’ and weighs 240 pounds. Mr. Cotter is 5’7’ and weighs 150 pounds.
Concerned for Mr. Cotter’s safety, Mr. Huston approached the top of the stairs, where Mr. Cotter and the abortionist were “jostling.” The abortionist then threw Mr. Huston off the steps and he landed in a prone position on the pavement below the stairs. His fall was broken by the crush of people who had gathered at the bottom of the steps and he was not seriously injured. However, Mr. Huston then got up and approached the abortionist again and punched him in the nose while he held Mr. Cotter in a “headlock.” The abortionist then let go of Mr. Cotter.
Angela Costigan, defence counsel for Mr. Huston, argued before Provincial Court Judge Monte Harris that Mr. Huston was justified in using as much force as was reasonably necessary to prevent serious damage occurring to Mr. Cotter. She said “He isn’t compelled to measure to a niceity the force he uses.” She said Mr. Huston saw the abortionist punching Mr. Cotter in the head and he even stopped to think, “Is there anything else I can do?” (short of hitting the abortionist).
Mr. Cotter’s lawyer said that his client was only trying to defend himself as he feared he would be thrown down the steps. He argued that the entire incident took place on a common stairway therefore no trespass took place.
Judge Harris made it clear from the outset that this case was to be heard only as a simple assault case. No evidence was permitted which related to the ongoing criminal activity of Robert Scott at the abortuary or that it was an illegal business operation or that the protesters had a rightful duty to try and stop an indictable offence from occurring there.