Heather Wright/The Independent

Lambton’s Crown Attorney has withdrawn charges against former nursing home owner Michael Fiddick.

In return, the former Petrolia resident, has signed a peace bond which requires him not to communicate except through a lawyer with the person involved in the case, whose name has been banned from publication.

In May 2022, Lambton OPP charged Fiddick with three counts of assault, sexual assault, overcoming resistance by attempting to choke or strangle, and mischief stemming from historic incidents.

In November, five days were set aside for a trial on four charges. But on Jan. 17, according to court transcripts, Crown Attorney Nila Mulpuru told Superior Court Justice Jason Howie,\ her office had received new information through Fiddick’s lawyer, Terry Brandon, that “had a direct and substantial impact on the Crown’s reasonable prospect of conviction.”

Mulpuru said after considering the information “as well as other issues in respect to the Crown’s case” and consulting with the investigating officer and the complainant, she agreed to withdraw the charges and have Fiddick sign a three-year peace bond.

According to the Ontario Courts website “The person who enters into a peace bond does not receive a criminal record. However, if one of the conditions imposed is breached, the person may be charged with a criminal offence.”

The peace bond signed by court officials on behalf of Fiddick, who appeared at the hearing over Zoom because he was not in the jurisdiction. It means Fiddick will stay 100 meters from the complainant’s home and communicate with them through a lawyer for the next three years.

Fiddick’s lawyer, Brandon, told Justice Howie her client “throughout this process has maintained his innocence. He’s not guilty of the criminal allegations. He has repeated this throughout, and we’re pleased that he had the ability and the resources to be able to produce additional information for the Crown’s consideration.”

Brandon added, according to the transcript “although we deny being guilty of any of the allegations, there certainly is high tension and stress” between the parties.

“And to simply avoid the need for a trial …we agreed with to the Crown’s proposal here, to keep the peace and be governed by these two terms, and these two terms alone, as it certainly spares any potential risk, let alone the expense, that a trial would take,” she added. While five days had been set aside for the trial, Brandon estimated it may have stretched over 10 days instead.

The charges were withdrawn and according to Mulpuru, the same charges cannot be laid again in the future.

In a written statement, Brandon, said Fiddick plans to “put this tragic part of his life in the past.
“Canada has a democratic system of justice with the constitutionally protected presumption of innocence. Unfortunately, when charges are laid and played out in the press, the damage can be insurmountable. Even more so in a small hamlet like Petrolia,” wrote Brandon.

“Michael Fiddick has suffered exactly this nature of judgement by the allegations predominantly placed on the front of the newspapers and by the assumptions of guilt created by the accusations levied.”

She added Fiddick’s “greatest regret is the damage that these allegations brought” to his family name and the nursing home he and his mother ran for decades.

Brandon added the withdrawal of charges gave him a “renewed faith in the justice system.”

Calls to the complainant’s lawyer were not returned by press time. The complainant told The Independent they are “angry” and “hurt” the charges have been withdrawn.