A Red Deer man previously convicted of sexually assaulting teenaged job applicants was pronounced guilty on Monday on a new charge of sexual assault.
Thomas Paul Ganger, 64, was tried before Judge John Holmes in Red Deer provincial court on Sept. 26 in relation to an incident that occurred at a Red Deer hotel in the early hours of Jan. 21, 2011.
Holmes reserved his decision on the trial until Monday, when he pronounced Ganger guilty.
The victim, a 30-year-old salesman whose name is protected under a court-imposed publication ban, had testified during the trial that he had befriended the elder man at a trade show and that they were drinking with others after the show closed for the evening.
Repeating elements of the man’s testimony, Holmes said the complainant was concerned that Ganger should not drive and offered him the spare bed in his hotel room.
The younger man said he awoke to find Ganger in bed with him, fondling his buttocks and his genitals. He bolted from the room, wearing only his underwear, and ran to the room of a friend.
Police were called about 15 minutes later.
Holmes said he found the complainant’s actions and his testimony, including his admission that he was intoxicated, corroborated with that of the police officer who investigated his complaint.
The man had made it clear that Ganger was to take the spare bed, said Holmes. There is no question of consent, since a person cannot give consent when asleep or unconscious, he said.
Sentencing was adjourned after defence counsel Dave Inglis said he and his client want some time to discuss whether they will seek a pre-sentence report.
Crown prosecutor Tony Bell said he will seek a period of incarceration for Ganger, inviting Inglis and his client to ask for a report if they wish.
Ganger and his lawyer return to court on Nov. 1 to announce whether the report will be sought or if the matter can proceed directly to sentencing.
A former employee in the Red Deer Catholic school system, Ganger was chairman of the 1998 Alberta Summer Games, held in Red Deer.
Ganger was convicted in 2005 of sex offences involving four teenaged boys who complained of being fondled during interviews for work with the food and laundry contractor at Bethany Care Collegeside, a care facility in Red Deer.
He served a nine-month conditional sentence, followed by 18 months of probation. Ganger’s name was also placed on a sexual offenders registry for a period of 10 years.