Captive sex assault trial

A Halifax man accused of sexually assaulting a blindfolded 16-year-old boy at a cabin told court Thursday he was disgusted when he learned from police the youth had been kept captive inside the home for more than a week.

John Leonard MacKean testified in his defence, saying the alleged victim did not seem upset and was not in chains on the night they had a sexual encounter, contrary to what the teen has testified.

MacKean, 64, said he was led to believe the alleged victim was a young adult and that if he felt the youth was distressed, he would have made sure he was freed.

"If I felt that young man needed to be out of there, he would have been out of there," MacKean told the Nova Scotia Supreme Court in Bridgewater.

He said he was invited to the cabin in September 2012 by Wayne Alan Cunningham, with whom he had a sexual relationship after the two met at Alcoholics Anonymous meetings.

MacKean said Cunningham suggested in the summer of 2012 the idea of having a third person involved during their sexual massages. Cunningham told him that person was in his 20s, MacKean told the jury.

MacKean said he believed that based on a photo of the youth that he was shown and that in fact, the boy looked to be around the same age as Cunningham, who was 31.


On Sept. 20, 2012, MacKean saw the youth blindfolded on a bed, court heard. Cunningham said the alleged victim preferred to have a blindfold on because he was shy, MacKean said.

MacKean said the youth didn't talk while the three engaged in a sexual encounter.

"We said 'Hi' and there was no response," MacKean said. "If there was, I certainly didn't hear any."

MacKean has pleaded not guilty to sexual assault and communicating for the purpose of obtaining sexual services from a person under 18.

The youth, now 17, testified Tuesday that in addition to being blindfolded during the incident, he was chained to a bed, unable to move, and cried as a balding, heavy-set man who wore glasses performed oral sex on him. The youth said he was able to see the perpetrator from beneath the sleeping mask that was used to blindfold him.

MacKean denied performing oral sex on the youth and said the boy was not upset and nor chained.

"There were no chains on the person on the bed that day," he said.

Under cross-examination, Crown prosecutor Lloyd Tancock questioned MacKean's testimony that the boy was not upset.

"You're suggesting that a 16-year-old boy who is somewhat frail, who has been held captive for eight days before you get there, has been chained up, who is believing he is going to die ... you're suggesting on that day he shows no signs of distress, and he's friendly?" Tancock asked.

"That's correct," MacKean replied.

Closing arguments were expected later Thursday.


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