Saskatoon priest defibrillated in courtroom after he's found guilty of sexually assaulting teen girl: lawyer
Warning: this story contains references to sexual assault.
A Ukrainian Catholic priest collapsed in a Saskatoon courtroom and had to be defibrillated after a judge declared him guilty of sexually assaulting a 13-year-old girl in a church.
Janko Kolosnjaji, 71, was in Saskatoon provincial court Wednesday to hear the verdict in his judge-alone trial for one count of sexual assault of a minor. Saskatoon police charged Kolosnjaji in April 2023, about a month after a woman reported her 13-year-old daughter was sexually assaulted at the Ukrainian Catholic Cathedral of St. George in the Pleasant Hill neighbourhood.
Judge Lua Gibb found Kolosnjaji guilty and scheduled sentencing for June 16. Gibb found the girl did not consent to a kiss from Kolosnjaji and rejected the defence that he kissed the girl on the lips as part of a cultural greeting and not for sexual purposes.
The accused and the victim both testified in court. The victim's identity is protected by a publication ban.
Kolosnjaji suffered a medical emergency and collapsed in the courtroom after hearing the guilty verdict, according to his lawyer Brian Pfefferle. Court sheriffs provided medical care until paramedics arrived.
"It's not every day that you see someone with the paddles on their chest, no shirt on, laying sprawled out in a courtroom," Pfefferle said. "Yesterday we saw that. But the professionalism of the staff here was on display and we're certainly grateful for that."
Kolosnjaji is recovering in hospital. Court adjourned for the day and resumed Thursday morning to set a sentencing date, which is scheduled for June 16 in Saskatoon provincial court.
Kolosnjaji remains on administrative leave from the Ukrainian Catholic Eparchy of Saskatoon pending an internal church investigation and court sentencing.
"He will remain on administrative leave until the final determination in the proceedings under canon law," according to a church news release.
"The Eparchy sincerely regrets that the complainant suffered the indignity of being the subject of inappropriate contact by an adult male, let alone a member of the clergy."
A conviction of sexual assault of a minor carries a mandatory minimum sentence of six months in jail. Pfefferle said his client plans to make a constitutional challenge of the mandatory minimum at sentencing.
Pfefferle said mitigating factors include Kolosnjaji's lack of previous criminal record, his age and health, and the offence being on "the low end of allegations, which amount to a very brief peck or kiss." Kolosnjaji will ask the court to give him a conditional sentence in the community.
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The Province ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles and comics, including the New York Times Crossword. Support local journalism. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Exclusive articles by top sports columnists Patrick Johnston, Ben Kuzma, J.J. Abrams and others. Plus, Canucks Report, Sports and Headline News newsletters and events. Unlimited online access to The Province and 15 news sites with one account. The Province ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles and comics, including the New York Times Crossword. Support local journalism. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Walter 'Theo' Machinski, 63, of Nanaimo, was sentenced in B.C. Supreme Court in Victoria on Wednesday to federal prison for one count of arson with disregard for human life, according to the Victoria court's criminal registry. The conditions of his sentence included a 10-year firearms ban and providing a DNA sample. Yuriy Vyshnevskyy, his wife, and their three school-age daughters narrowly escaped the fire in their home next door to St. Nicholas the Wonderworker Ukrainian Catholic Church near the Cook Street village in the early hours of April 20, 2022. 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A man was sentenced to 3½ years on Wednesday after he pleaded guilty to setting a fire in the home of a Ukrainian Catholic priest that injured the priest's daughter in Victoria three years ago. Walter 'Theo' Machinski, 63, of Nanaimo, was sentenced in B.C. Supreme Court in Victoria on Wednesday to federal prison for one count of arson with disregard for human life, according to the Victoria court's criminal registry. The conditions of his sentence included a 10-year firearms ban and providing a DNA sample. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. Yuriy Vyshnevskyy, his wife, and their three school-age daughters narrowly escaped the fire in their home next door to St. Nicholas the Wonderworker Ukrainian Catholic Church near the Cook Street village in the early hours of April 20, 2022. Victoria police's major crime detectives arrested and charged Machinski, the former priest int he parish, a year later. He had been released on bail since then after spending some time in custody after his arrest, and he pleaded guilty to the charge in October. The arson occurred as the war in Ukraine with Russia was raging, prompting the Ukrainian Canadian Congress to urge police to investigate the arson as a hate crime. But police said at the time of the arrest that investigators determined the arson was a targeted offence but not driven by hatred. 'The accused was known to the family, but it was not motivated by hatred toward an identifiable group,' Victoria police said the time. Vyshnevskyy's wife heard someone pour gasoline through the mail slot into the home and set it on fire. She was pulled off a window ledge from the bedrooms on the second floor and their three daughters had to jump out a second-storey window to escape the blaze. The oldest girl, then 11, required surgery for nerve damage in her arm, deeply cut by broken window glass. Church president Alec Rossa said after the arrest that Machinski was priest at the church from November 2011 to September 2015, and was replaced by Vyshnevskyy in January 2016. Machinski was transferred to Nanaimo's St. Michael the Archangel parish, but has since left the church, he said. In a Victoria Times Colonist interview after the arson, Vyshnevskyy said he had not received any threats and was unsure if the motivation was personal or related to the war in Ukraine. After the arrest, he issued a statement thanking Victoria police and prosecutors for their work in investigating the arson attack that destroyed the family's home and 'nearly our lives.' 'We deeply appreciate all the continuing efforts of the police in protecting our family from potential threats and dangers following the arson attack,' he said. Vyshnevskyy said the family was grateful to church members and other Islanders 'who have been so caring and concerned and helped us survive the effects of the attack and helped us get back on our feet again when we had nothing and were seriously hurt.' 'Yes, it has been a difficult year. We thank God for our healing, physical, emotional and spiritual. And of course we pray for the person who committed this horrible act that they too … find the healing and rehabilitation they are so in need of.' — With files from Victoria Times Colonist
