Winnipeg Free Press

Winnipeg Free Press (Newspaper) - December 22, 2007, Winnipeg, Manitoba A8 Manitoba Winnipeg free press saturday december 22, 2007 judging the judge flight of fancy leads to Legal rebuke by Mike Mcintyre a Manitoba judge is under fire from within after the provinces highest court found he embellished evidence presented to him by lawyers and handed Down an illegal sen tence. Brian Corrin who sits in the Provin Cial court was the subject of a stinging court of Appeal decision obtained Fri Day by the free press. Chief Justice Richard Scott pulls no punches in assessing Corrins handling of a Case involving a Winnipeg univer sity student who damaged 13 red Light cameras during a year Long vandalism spree. The Crown was seeking a conditional sentence while the mans lawyer asked for a discharge after Patrick Gavin 23, pleaded guilty to several charges of mis chief. Corrin ignored both requests during the july hearing giving Gavin a five month intermittent jail sentence ? even though the maximum allowed by Law is 90 Days. Corrin also dished out a lengthy lec Ture about the mans political Agenda As a personal tyranny. Putting at risk the delicate Compromise of democratic governance that has evolved in Canada since its formation As a the judge inappropriately embellished the circumstances before the court beyond the particular facts placed in Evi Dence Scott wrote in the Appeal courts decision. This is the Antithesis of the approach that should be taken by the judiciary and can to be Scott said Corrin was wrong to Sug Gest Gavin was the principal player in what he seemed to see As a Domestic terrorist Corrin even noted How the War Mea sures act was implemented in 1969 and included the Short term suspension of All civil liberties in Quebec in response to the criminal conduct of certain Mem Bers of the Fly in that he also invoked comparisons to staged expressions of civil disobedience such As Martin Luther King saying Gavin did something much worse with a full family fears time will leave gangsters murder unsolved by Bruce Owen an investigation into the slaying of a Hells Angel associate in Thompson two weeks ago May go unsolved unless police get the critical information they need to identify the gunman. Bekim Zeneli was shot to death while alone at a friends residence late dec. 7. Ramp questioned and released a 40?year-old Man immediately after the killing but have Laid no charges. Friends and family fear the longer the Case remains open the less Likely police Are to identify a suspect or suspects. Zeneli 33, was in Thompson to visit his parents and was supposed to Fly to Vancouver the next morning to re join his wife and two Young children. His widow Samantha Collier said she spoke to him online at about 7 30 . Collier said she has Little information about what happened next. Ramp have Only said he died of gun shot wounds indicating he had been shot More than once. Ramp have also said his death was gang related. Collier said she believes police have not recovered the murder weapon. It is extremely frustrating she said in a Facebook Exchange. In the following hours police took Sean Weickert into custody but released him after questioning. Weickert and Zeneli knew one another. Weickert was the target of an alleged murder plot that prompted police to put an end to an undercover probe against the Hells Angels. Three people Are charged with conspiring to murder Weickert including his 44-year-old brother James a Mem Ber of the Oshawa ont., Hells Angels. The others Are Thompson residents Stanley Anthony Lucovich 44, and Dean Gurniak 34. Police have not commented on the alleged murder plot other to say it was not connected to Zenelis death. There Are nine cases including Zenelis that remain open in Manitoba going Back to the 1998 disappearance of outlaw biker Darwin Sylvester. Its presumed he was murdered. Four of the slayings have happened in the past four months including Zenelis and three in Winnipeg. Zeneli had recently returned to his family Home in Thompson after plead ing guilty to Possession of marijuana and failing to comply with court orders. He had spent 22 Days in custody. Zeneli and his brother Mohammed were the leaders of los loyalty Hon our silence Street gang with ties to the Hells Angels. He had an extensive record dating Back More than a decade for drug and violent offences. Gangland slayings gang related murders in Manitoba that remain unsolved going Back to 1998. Bekim Zeneli dec. 7, shot to death in Thompson. Elliot Flett oct. 23, stabbed to death in Winnipeg a North end. Anthony Woodhouse sept. 29, shot to death in Winnipeg a North end. Patrick Corey chief Courchene sept. 15, shot to death in Winnipeg a North end. Frontal and illegal assault against the state and by implication All the Law Abid ing citizens of there was absolutely no evidence to support this flight of fancy said Scott. The Appeal court also criticized Cor Rin for refusing to allow lawyers to make further submissions when it was Clear he was going to reject their proposed sentences. He admonished counsel for their intellectual arrogance in assuming the court would accept the sentencing Range agreed to by Crown and defence said Scott. Gavin a jail sentence was overturned Friday and replaced with a two year conditional discharge. He must also pay $29,000 in damages and perform 240. Vital jus Kilikevicius dec. 15, 2002, shot to death on outskirts of Winnipeg. Kiet Loung Trau april 8, 2001, reported missing dec. 16, 2000body found in ditch in Northwest Winnipeg. Bradley Russell Anderson Jan. 14, 2001, shot to death North of Winnipeg. Robert Glen Rosmus Jan. 19, 1999, shot to death body found in North East Winnipeg. Darwin Sylvester May 29, 1998, reported missing in Winnipeg presumed murdered. Hours of Community service work. Gavin has no prior criminal record and apologized for his actions which occurred Between october 2004 and August 2005 and were described As acts of civil professors say Gavin is an excellent student who is planning for a career in teaching. Corrin told the Man he was unfit to teach children because of his cold blooded crimes. Three co accused also pleaded guilty and were Given conditional charges and restitution orders of $5,000 each. tory chooses City Job Over party Post the provincial tories have lost their new backroom Boss. Brent Olynyk hired last week As the progressive conservatives new ceo has decided to stay with the City of Winnipeg. Party president Brent pooles said he got word wednesday that Olynyk had been wooed Back to the City. That was after the party put out a press release touting Olynyk As the person chosen to rejuvenate the party after last May a Dis appointing election results. Its unfortunate said pooles. But Brent is a Quality Guy. He had to do what was right for him and his Olynyk ran for the party in Kildonan the Riding held for years by Justice min ister Dave Chomiak. He spent 30 years working for the City most recently As the appeals manager and the senior elec Tion officer in the City clerks depart ment. Pooles said the party had three other Short listed candidates and will Convene the hiring committee As soon As Possi ble to determine whether to hire the run Ner up or begin the search anew. 775-8451 ? 1069 notre Dame Kang Hyde carpeting starting at 99? . 200 Princess St. 667-0000 since 1983 Why w a it to buy y our motor Home w e be just purchased a few rvs at great Exchange rates. This Means big Price reductions for y of y ear end t a x benefits a v mailable too but Only if y of buy soon. Remember e have us and Canadian locations. Y of get the benefits of us pricing with the Security of local ser vice and w a Ranty 5130 Portage ave heading Ley my 895-8882 Wal Mart correction notice Magellan Triton 200 handheld Gas #942029 advertised in our current flyer expiring december 14th will be not be available. 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