Manitoba native elder admits sexual assault of female prisoner on remand

WINNIPEG-A Manitoba native elder will not go to jail for using his position of trust to convince a female inmate to have sex with him.

Neil Hall, 55, was given an 18-month conditional sentence Tuesday that allows him to remain free in the community.

The Crown had been seeking a period of real custody for Hall, who pleaded guilty earlier this year to sexual assault.

Hall worked as a provincial jail counsellor and met the 29-year-old victim while she was being held at the Winnipeg Remand Centre.

He initially claimed it was the woman who offered him sex in exchange for cash but later admitted his wrongdoing.

Provincial court Judge Patti Umpherville said Hall doesn't pose an ongoing risk to society and has expressed genuine remorse for his actions through his guilty plea, which spared the victim from having to testify.

Court was told the woman asked to meet Hall in his office for a traditional native smudge in April 2006.

Hall granted her request, but then asked the woman to lift up her shirt and expose her breasts during the ceremony. She refused and left. Hall continued to request sexual favours in the days that followed, eventually offering her cigarettes in exchange for a flashing, court was told.

The incidents escalated when Hall offered the woman $40 for oral sex and said he would "put in a good word" to help get her out of jail early.

She performed oral sex on at least three occasions but was never paid by Hall, court was told.

The woman was released from custody in June 2007. Hall had promised her she could live with him once back in the community, then withdrew the offer when she called him looking for somewhere to stay.

She eventually reported the incidents to police, who began an investigation.

Defence lawyer Saul Simmonds said Hall was sexually and physically abused by teachers and other students while attending Manitoba residential schools.

Hall was fired from his position following his arrest and now is living on social assistance, court was told.

Crown attorney Don Knight described the victim as a "vulnerable person" who was in the care of the public trustee.-CP-