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'There's lies and then there's beyond,' exasperated guidance counsellor tells court at Robin McGrath's trial

Lawyers have spent three days cross-examining woman on her allegations of child abuse by elementary school principal

Robin McGrath (right) waits for his lawyers, Ian Patey and Tom Johnson, after his trial in provincial court adjourned for lunch Monday. TARA BRADBURY/THE TELEGRAM
Robin McGrath (right) waits for his lawyers, Ian Patey and Tom Johnson, after his trial in provincial court adjourned for lunch Monday. — TARA BRADBURY/THE TELEGRAM

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ST. JOHN'S, N.L. — An exasperated school guidance counsellor took the witness stand once again as the trial of principal Robin McGrath resumed Monday, clearly indicating she was fed up with the three-day cross-examination of her evidence by McGrath’s lawyers.

“I don’t know what else to say,” she told lawyer Tom Johnson as she held her head in her hands. “You’ve asked me these questions over and over.”

The woman was called by prosecutor Shawn Patten last week to testify in St. John's at the trial of McGrath, who has pleaded not guilty to four charges of assault and a charge of uttering threats against elementary school children in C.B.S. in 2017 and 2018.


“I don’t know what else to say. You’ve asked me these questions over and over.”


She is Patten’s fourth witness; all four were employed at the school McGrath was overseeing and each described incidents of McGrath allegedly acting violently or making threatening remarks toward children with special needs.

They gave accounts of McGrath grabbing children’s faces, picking up and slamming down chairs in which the students were sitting, threatening a child with scissors, dousing a child in cold water as a behaviour deterrent and stepping on a child’s hand in an effort to force him up off the floor.

Over the past three court days, Johnson has questioned the guidance counsellor repeatedly on details of her allegations, asking for specific dates, movements, positioning of chairs and other information. He also questioned the woman on inconsistencies between the statement she gave police two years ago and her testimony in court related to how high McGrath had allegedly lifted a child’s chair and whether or not she had tried to intervene.

On Monday, Johnson played a clip from the woman’s recorded interview with police, noting the difference in her description.

“I’m not sure how familiar you are with neuroscience, but we actually train our brain to forget trauma so we can continue on with our day,” the guidance counsellor replied at one point. “I have also had to try and forgive myself for not doing the right thing.”

The woman was the second of the witnesses to tell the court they had been aware of the alleged abuse for months before they reported it, lamenting how they had kept quiet out of fear of McGrath, whom they allege had threatened them, and describing a “culture of fear” within the school.

With each witness, Johnson and co-counsel Ian Patey have put to them elements of what they say McGrath will testify when it’s his turn, asking them for their reaction. They’ve suggested the principal will tell the court the allegations are not true, in some cases because they never happened, and in others because his use of appropriate behaviour modification techniques had been misinterpreted.


“I am telling you the truth and I am also telling you now, unless she has a hearing issue, she had to have heard kids screamed at and chairs being banged in that office. Oh my God.”


Johnson also told the guidance counsellor some of her colleagues at the school will testify they had heard McGrath use a stern voice with the children when disciplining them, but had never heard him yelling or screaming or knew him to be physically abusive.

“How loud was he screaming?” Johnson asked the woman, in relation to times when McGrath had allegedly disciplined children in his office.

“Have you ever seen him mad? Has he ever gotten mad at you guys? I’m sure you have. That loud,” she replied.

When Johnson asked her to describe how far away the school secretary’s desk was from McGrath’s office and informed her the secretary would also be testifying, the guidance counsellor started to cry and said she knew what was coming.

“She’s expected to testify she never heard screaming and yelling by Mr. McGrath to any child,” Johnson told her.

“Oh my God,” the counsellor said, throwing her head back and sobbing before raising her voice in apparent anger. “You know what? There’s lies and there’s beyond. That is lies! That is completely, completely false.

“I am telling you the truth and I am also telling you now, unless she has a hearing issue, she had to have heard kids screamed at and chairs being banged in that office. Oh my God.”

The woman paused for a number of minutes before she could continue, crying into her hands.

McGrath’s trial will continue today before provincial court Judge David Orr.

Twitter: @tara_bradbury


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