PETERBOROUGH, Ont. - Stanley Tippett's "far-fetched" tale of offering safe passage to a drunken 12-year-old girl, only to be carjacked by two armed men, failed Wednesday to sway a judge who convicted the married father of five of kidnapping and sexually assaulting his young victim.
Tippett was arrested Aug. 6, 2008, just hours after the girl was found half-naked behind a school in Courtice, Ont., some 70 kilometres from where she was abducted in Peterborough.
Ontario Superior Court Justice Bruce Glass, in handing down guilty verdicts on all seven counts, noted that Tippett "has a more than unique head structure" that allowed several people to positively identify him as the girl's abductor.
"There's no disputing he was the driver of the van," said Glass, who found there was no truth in Tippett's testimony about the carjackers.
Tippett, 33, suffers from Treacher Collins syndrome, a rare condition that causes cranial and facial deformities and can affect hearing, speech and breath.
During the trial, Tippett testified that he came across a group of young drunken girls in south-end Peterborough and that two of them, including the 12 year old, got into his van. He told court he planned to take her to hospital but that minutes after dropping off the older girl he was carjacked by two men at gunpoint and ditched in the country.
"I told the truth," Tippett mumbled as he was led away in a police cruiser after the decision.
Although Tippett's DNA was not found on the victim, the victim's DNA was found on a condom by the van. The victim's torn shirt, and the fact that she was found half naked, indicates someone removed the clothing and in doing so committed a sexual assault, since she was only 12, Glass said.
Tippett took an "intoxicated, 12-year-old girl from her community.... He committed kidnapping," Glass added.
A single outburst of "Yes," was heard in the courtroom and was followed by tears and hugs after Tippett was found guilty.
The Crown said it would apply to have Tippett declared a dangerous offender, and a court date of Jan. 13 was set to address the application.
The victim was in court and wanted to be there to "face him to start her own healing," her grandmother said outside court.
"At least maybe this way he can't hurt another child," the woman said.
Sgt. Dan Smith said while police were pleased at the verdict it was "unfortunate that someone had to be victimized."
Glass said it was unlikely that a pair of car thieves took the van and neglected to take Tippett's cell phone or the $500 he was carrying.
The judge added he believed the testimony of Const. Robbie Harding, with Durham Regional Police, who said he was able to clearly identify Tippett.
Harding testified during the trial that he responded to a call at the high school after receiving reports of screams and crying in a wooded area.
He came upon a man who fled in a red van upon seeing the police cruiser and pursued the van, which was going so fast it became airborne at one point. Harding was eventually told to stop the chase, but not before getting the van's licence plate.
When Harding returned to the school he saw a young girl, holding onto a fence, staggering forward with her lower body exposed.
The van's licence plate was traced back to Tippett, and Harding later identified Tippett from a photo lineup.
In previous testimony, the court heard that the 12-year-old girl was severely intoxicated the night she was abducted by Tippett. A friend of the girl testified that she, the victim, and another girl, now 17, drank a 26-ounce bottle of rum the night of the attack.
A red van pulled up as they were struggling to help the victim walk, she testified, and a man asked if they were OK. The friend left to get help but didn't find any, and when she returned the man, her friends and the van were gone, she said.
The victim, who was supposed to spend the night with her grandmother, also said she the last thing she remembered before waking up in the hospital was being at a friend's house.
