Winnipeg Free Press (Newspaper) - June 25, 2012, Winnipeg, Manitoba
C M Y K PAGE B4
B 4 MONDAY, JUNE 25, 2012 CITY / MANITOBA winnipegfreepress. com
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H E was given a controversial legal
break that allowed a much quicker
return to the community.
But convicted drug dealer Shannon
Stonefish wasted no time going back to
a life of crime and is now facing a much
longer stint behind bars.
Stonefish, 29, was given a 30- month
prison term this week after pleading
guilty to trafficking cocaine. He was
arrested in early March, only a few
months after the Manitoba Court of Appeal
reserved its decision on whether a
previous jail term should be extended.
Stonefish was convicted in early 2011
of possession of cocaine for the purpose
of trafficking. Provincial court
Judge Lee Ann Martin sentenced him
to 7 � months in custody, in addition to
11 months of time already served. But
Martin gave Stonefish 1.5- to- one credit
for that pretrial custody, bumping it up
to 16 � months, for a total sentence on
paper of two years.
That prompted the Crown to file an
immediate appeal, saying Martin had
defied new federal legislation by dishing
out bonus pretrial credit to Stonefish.
Last December's hearing was believed
to be the first of its kind in Canada
since the Conservative government
announced sweeping changes on how
judges should treat time already served.
Now six months later, justice officials
are still waiting on the decision.
" This decision ignored Parliament's
clear intent to limit credit for pre- sentence
custody," Crown attorney Chris
Mainella said in court documents outlining
his objections. " The decision
undermines confidence in the administration
of justice because it was not
transparent: The sentencing judge
failed to adequately explain why the accused
should receive the benefit of enhanced
credit."
Mainella argued there was no justification
for such a move, especially since
Stonefish has such a lengthy previous
record that includes 22 prior convictions
- including three for drug trafficking.
Stonefish was on bail for drug
charges at the time of his 2010 arrest
and has continued to wreak havoc while
in custody, including participating in
the gang- related beating of another
man. " This case merited an emphasis
on punishment. There were no circumstances
justifying enhanced credit,"
Mainella said. He said Stonefish should
have only been given single- time credit
of 11 months, leaving him with another
13 months behind bars.
" The judge's errors were palpable
and produced an unfit sentence," said
Mainella, noting the error led to a nearly
25 per cent reduction in Stonefish's
overall sentence.
The Crown included detailed reference
to Section 719 of the Criminal
Code, in which the federal government
set strict guidelines in 2010 for when
judges could depart from the normal
practice of giving straight credit for
pretrial custody. The Conservatives
ruled judges could no longer dish out
two- for- one credit, as had become the
practice in Canada. Instead, the maximum
allowed would be 1.5- to- one credit,
but only if the offender met certain
provisions.
Justice Minister Rob Nicholson said
at the time that no change in the oneto-
one ratio will be allowed under any
circumstances for people who have violated
bail conditions or who have been
denied bail because of their criminal
record.
www. mikeoncrime. com
Legal break down drain
By Mike McIntyre
FORMER high school principal
Ryan Land and Thompson school
trustees have reached a deal that
rescinded his firing and ended all
litigation.
Land formally resigned as principal
of R. D. Parker Collegiate, the
School District of Mystery Lake
wiped out his firing last year, Land
is welcome back on school division
property and everyone is moving
on, said a joint statement.
Land's grievance hearing was
called off. Neither side will comment
further.
Land's firing was central to turmoil
that led a provincially ordered
consultant to conclude earlier this
year Thompson's schools are filled
with fear, mistrust, intimidation and
apprehension. The division split into
factions with special agendas and
employees feared for their jobs.
The division has had three superintendents
and eight assistant superintendents
in the past four years.
R. D. Parker Collegiate has had three
principals and nine vice- principals
in that time and has had two acting
principals since the school board
fired Land.
Trustees took the extraordinary
action of publicly rebuking Land,
then fired him publicly last year.
The latest superintendent, Bev
Hammond, lasted only 16 months
after coming from Alberta. She
quit suddenly in January, a move
that school board chairman Alexander
Ashton said was not a firing or
buyout. Hammond has not granted
media interviews since leaving
Thompson.
Hammond said last year she had
uncovered evidence at least two
dozen high school students graduated
under Land's watch without deserving
to do so.
The division has called off searches
for a new superintendent and new
high school principal, while denying
Mystery Lake is unable to attract
qualified candidates because of its
many controversies.
Shortly after the division fired
Land, he was hired for a senior
management position in Thompson
by mining giant Vale.
nick. martin@ freepress. mb. ca
Fired principal, board
reach deal to avoid suits
Long jail stint
after sentence
that raised ire
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