Wednesday November 26, 2014

Community sentence for one accused of fraud


Estevan provincial court was busy Monday with a number of sentencings and a trial held in limbo.

Randy Clark, who was in custody, pleaded guilty to one count of fraud and one of forgery. Clark deposited a cheque at an ATM for $850 into an account he opened at a local bank. He then tried to deposit another two cheques totalling $400 that he stole from his employer. Those cheques had been cancelled before he was able to do so.

Crown prosecutor Mitch Crumley noted Clark has more than 40 previous offences on his record, most of which are property offences. He said a clear message should be sent that this behaviour isn’t tolerated and suggested Clark be sentenced to between 12 and 18 months in jail.

“He’s been told before, again and again and again, yet he continues to thumb his nose at the system.”

Greg Wilson, Clark’s Legal Aid lawyer, noted that Clark has a history of drug addiction and was trying to get the money in order to buy drugs. He had been sober for some time but relapsed. Wilson suggested a conditional sentence order was more appropriate than jail in this case. Clark previously spent three months in jail.

Clark addressed the judge, noting were he to be given a community sentence he would be able to stay in North Battlefords where he has a young son.

Judge Karl Bazin decided against a jail term, sentencing Clark to a 12-month conditional sentence order. Clark will be on conditions that he not drink or take drugs, and must attend programming or treatment for alcohol and drug addiction as required by his probation officer.

“You have an extensive criminal record, so none of this is new to you,” said Bazin. “You’ve made some progress, you have a son now. Hopefully it will carry on so he’ll have respect for you and you’ll have respect for yourself.”

In other court proceedings, a trial for Devin Glasser was ready to go forward, but after he said he wanted a lawyer to represent him and just received a final piece of disclosure, he wished to adjourn the matter.

Glasser is charged with sexual interference, which dates back to 2009. It was the third time the matter has been set for trial, with the previous trial date being Dec. 5, 2011.

Because of the nature of the allegations, Glasser can’t cross-examine the complainant, who was 14 at the time of the alleged incident.

Bazin granted the adjournment, but Crumley applied to arrest Glasser and hold him until the proceedings have been completed. The Crown said Glasser has had three years to receive disclosure and prepare for the trial.

“He refused to take (his disclosure) on a number of occasions. He had the chance to select court-appointed counsel for cross-examination. He still hasn’t done that. He’s doing nothing but playing games.”

Crumley said Glasser could be held for contempt of court.

Glasser said he hasn’t tried as hard as he should have to prepare for the trial or seek counsel, but assured the court he would now.

Bazin decided to adjourn the matter to Thursday to set a new trial date but would not hold Glasser until that time.

Edward Shepherd was sentenced to 18 months in jail after previously pleading guilty to three counts of break and enter. Bazin reserved his decision to Monday after recently hearing the circumstances of the charges.

In other court proceedings, Kolby Iezzi, pleaded guilty to a lesser charge of possession of cocaine after originally being charged with drug trafficking. The charge stems from an incident on Nov. 6, 2010, in which Iezzi was found to be in possession of 4.9 grams of cocaine in a residence. The now 22-year-old received a $1,000 fine and has forfeited any items seized at the time of his arrest.

Josh Jelinski, the Estevan Junior A Bruins' team captain, was sentenced Monday after pleading guilty to impaired driving. The 19-year-old woke up on March 10, the morning following a night out with the team and decided to drive. He was pulled over after taking a wide turn.

Jelinski had blood alcohol levels of .16 and .15, almost twice the legal limit. Defence counsel told the court he thought enough time had passed and he would no longer be impaired. Jelinski received a $1,300 fine and a one-year driving suspension.

Ronald Lukye was back in custody on Monday. He faces charges of sexual interference, sexual assault and assault. He had previously been released by the Court of Queen’s Bench and was arrested last week for allegedly breaching a condition of his release.

Another show-cause hearing was held for him on Monday and he was released with some new conditions that he not attend a pair of stores in Estevan.



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