KITCHENER — A Kitchener man who was jailed five years ago for sexually abusing boys is back in court for molesting two more boys — including one who was about three years old.
Daniel Magda, 37, pleaded guilty Monday to seven charges and not guilty to 10 charges in Kitchener’s Ontario Court.
He admitted sexually assaulting the two boys and making child pornography. But he is disputing the number of times and dates of some of the other allegations, so a trial is being held on those.
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One of his victims, now 11, is scheduled to testify today from a separate room by closed circuit TV.
In court for the proceedings were the three males Magda abused in the 1990s and early 2000s.
Their parents were livid after a judge sentenced Magda in August 2007 to two years less a day in jail.
The Crown had asked for a five-year penitentiary term.
“We all agreed if it ever happened again we were all coming back,” said Debbie Farrow, the mother of Darcy Crocker, who was 14 when Magda sexually assaulted and choked him in 2004.
“We’re hoping he’ll get a sentence he deserves this time.”
Crocker, now 23, said he was “breathless” when he heard of the latest allegations against Magda.
“I just didn’t think it could happen again,” he said outside the courthouse. “I thought maybe he might have learned a bit of a lesson.”
Crocker is the only one of Magda’s victims whose name can be published because in 2006 he asked a judge to waive the usual publication ban placed on the identities of sexual assault victims.
The names of the current victims are under a court-ordered ban.
Although Magda was sentenced to two years less a day in August 2007, he was released early by the parole board after “about eight months” for good behaviour, his lawyer Bruce Ritter, said.
Magda is alleged to have abused the two boys between April 2008 and June 2011, although his lawyer will challenge those dates.
The court watched video of alleged sexual assaults on the boys that were made on a digital camera.
Police began investigating Magda after a relative of one of the boys brought a camera and several camera memory cards, containing the videos, to the police station.
Police searched two homes where it’s alleged Magda abused the boys.
In the bedroom of the boy who was about three years old, they found things that appeared in one of the pornographic videos — a little white bed with a toy box at the foot of the bed, dinosaurs on the wall, and the Barney children’s video series.
Two of the children’s movies seen in the videos were Waiting for Santa and What a Wonderful Day.
Magda was a youth counsellor with the YMCA before his convictions in 2006.
He has admitted making the videos and sexually assaulting the boys but doesn’t agree that he anally penetrated both boys.
Although he pleaded guilty to sexually assaulting the youngest boy, his lawyer said that he doesn’t recall doing so “due to drug use.”
Magda was heavily using crystal
methamphetamine at the time, court
heard.
He is also charged with threatening to kill the older boy and several of his relatives.
Ryan Hardie, an ex-con who met Magda in jail and lived with him for several months, testified Magda told him he was in jail for a bad assault on someone who picked a fight with him at a bar.
Mary Mayberry, who ran an emissions testing shop in Kitchener in early 2010, hired Magda, who was trying to start an auto-glass business, to put in windshields for customers.
She distanced herself from Magda after he talked about using cocaine and said he wanted her husband to try it.
Three more days have been scheduled for the trial.
