Elderly woman's rapist wins deportation appeal
BY SHERRI ZICKEFOOSE,
CALGARY HERALD
SEPTEMBER 26, 2009
A nursing home caregiver convicted of sexually assaulting an elderly woman suffering from dementia has won an appeal of his deportation order.
The immigration appeal division member hearing the case of Cesar Benjamin Guzman erred by ignoring important evidence, Judge John O'Keefe ruled in the Federal Court of Appeal.
Guzman, a 75-year-old permanent Canadian resident who was caught sexually assaulting an 87-year-old woman in 2005, was ordered deported to Peru after serving his 18-month sentence.
But he successfully appealed the deportation order when the judge agreed the immigration member was speculating and ignoring facts, according to documents obtained by the Herald.
News of Guzman's victory has outraged his elderly victim's daughter. "He has committed a crime, has served time in jail and deserves to be deported. I, for one, think he should have been deported immediately when he was released from jail," said Marjorie Starr.
"Mother's still alive, she's never been the same," said Starr of her 90-year-old mother, who cannot be identified. "She was just like a child, and to take advantage when you're in that position....We don't need these kinds of criminals in Canada."
According to an agreed statement of facts, the woman's bed sensor alarm at Wentworth Manor was triggered at about 3:45 a. m. July 24, 2005, and a nearby nurse came to her aid.
The nurse found Guzman leaning over the elderly woman, whose pajama bottoms had been removed, with her legs over his shoulders.
Guzman claimed to be changing the woman's diaper, but later confessed to sexually assaulting her.
© Copyright (c) The Calgary Herald
Abridged
SOURCE: The Calgary Herald
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