Criminal law

Government will support private bill on tougher parole, Nicholson says

The Canadian Press — Wed, 22 May 2013 01:15:29 +0000

The Canadian Press

OTTAWA - Justice Minister Rob Nicholson says the government will support a private member's bill that would require people who are on parole, probation or serving conditional sentences to stay away from victims.

The legislation, introduced by British Columbia Conservative MP Mark Warawa, would prohibit paroled sexual offenders from coming within two kilometres of a victim's dwelling.

It would also require that people on parole, probation or conditional sentences not contact victims without their consent.

Autopsy reveals Argentine ex-dictator died of heart attack

Agencia EFE — Mon, 20 May 2013 18:31:02 +0000

Agencia EFE

Buenos Aires, May 20 (EFE).- Gen. Rafael Videla, the emblematic figure of the military junta that ruled Argentina from 1976-1983, died of a heart attack resulting from injuries and broken bones he suffered five days earlier when he fell in the shower, judicial sources told the official Telam news agency.

The erstwhile strongman was found dead Friday inside his cell at the prison where he was serving a life sentence for crimes against humanity.

'There's no worse life:' driver who killed five in Calgary drops parole request

The Canadian Press — Thu, 16 May 2013 09:02:06 +0000

The Canadian Press

CALGARY - An Alberta man convicted of killing five people when his cement truck smashed into the back of their car says he'll wait until his statutory release next month rather than face another National Parole Board hearing.

A two-member board panel was unable to reach agreement after a hearing Thursday on Daniel Tschetter's application for full parole. The board said another hearing would have to be organized quickly with two new panel members.

But Tschetter told reporters he would drop his request.

Five cruise ship crash suspects ask for plea bargains

Agence France-Presse — Tue, 14 May 2013 16:04:35 +0000

Agence France-Presse

Five suspects in the Costa Concordia cruise ship disaster asked for plea bargains at indictment hearings in Italy on Tuesday, which could leave only the captain Francesco Schettino facing trial.

The five include Roberto Ferrarini, the director of ship owner Costa Crociere's crisis unit, and Jacob Rusli Bin, the luxury liner's Indonesian helmsman, as well as three other crew members.

Schettino's lawyers also asked for a plea bargain but the request was immediately turned down by the prosecutor's office, leaving only five plea bargain requests before the pre-trial judge.

New Jersey trooper who led speedy joyride gets probation

Thomson Reuters — Tue, 14 May 2013 00:45:22 +0000

Thomson Reuters

By Lisa Barron

NEW BRUNSWICK, New Jersey (Reuters) - A New Jersey state trooper who escorted a high-speed caravan of Ferraris, Lamborghinis and Porsches down the Garden State Parkway last year was sentenced to one year of probation after pleading guilty last month to a charge of tampering with records.

Sergeant First Class Nadir Nassry, 48, was also sentenced to 75 hours of community service on Monday by Superior Court Judge Bradley Ferencz in Middlesex County.

Qatada offers to return to Jordan if it ratifies UK treaty

Agence France-Presse — Sat, 11 May 2013 22:16:28 +0000

Agence France-Presse

Britain's decade-long battle to deport radical cleric Abu Qatada had a surprise boost Friday after he vowed to return to Jordan voluntarily if its parliament ratifies a treaty barring the use of evidence obtained by torture.

Abu Qatada's lawyer told a bail hearing at an immigration tribunal in London that the Islamist terror suspect was ready to return to Amman as soon as Jordanian lawmakers approve the fair trial pact with Britain.

Crown drops murder case against youth after Edmonton judge nixes sting evidence

The Canadian Press — Fri, 10 May 2013 16:48:17 +0000

The Canadian Press

EDMONTON - A court erupted with angry screams and shouts from spectators on Friday as the Crown dropped murder charges against a youth who confessed during a police sting to killing two people.

Jeers and taunts were thrown at the 17-year-old, who was accused of second-degree murder. But the prosecution conceded it didn't have a case after the judge ruled the undercover evidence inadmissible.

Several sheriffs needed to be brought in to calm the crowd.

People smuggler faces extradition to Australia

Agence France-Presse — Wed, 08 May 2013 18:15:57 +0000

Agence France-Presse

A prolific people smuggler wanted in Australia on a string of charges, who is suspected of arranging a boat in 2011 which sank killing 200 people on board, faced an extradition hearing in Indonesia on Wednesday.

Sayeed Abbas Azad, a 30-year-old Afghan, was jailed in Indonesia -- a transit hub for asylum seekers heading to Australia -- for people smuggling and harbouring foreign nationals after being arrested in 2010.

Crown doesn't need to prove crew member meant to kill missing passengers: judge

The Canadian Press — Wed, 08 May 2013 02:40:10 +0000

The Canadian Press

VANCOUVER - The judge overseeing the trial into the Queen of the North ferry sinking has told jurors they don't need to read Karl Lilgert's mind to find him guilty of criminal negligence causing death, if they find he should have recognized the risk his actions posed to people on board the ship.

Lilgert is on trial for the deaths of two passengers, Gerald Foisy and Shirley Rosette, who haven't been seen since the ferry struck an island and sank off British Columbia's north coast in March 2006. The judge continued her instructions to the jury Tuesday for the second day.

Teenager accused of lying in Boston bomb case can be released

Thomson Reuters — Tue, 07 May 2013 18:00:25 +0000

Thomson Reuters

BOSTON (Reuters) - U.S. prosecutors have agreed that a teenager suspected of lying to FBI agents in the Boston Marathon bombing investigation can be released under strict conditions, according to a court filing on Monday.

Prosecutors and the defense team for Robel Phillipos plan to ask U.S. Magistrate Judge Marianne Bowler to grant the 19-year-old suspect a pretrial release under strict conditions.

(Reporting by Tim McLaughlin; Editing by Eric Beech)

Boston bomber friend released on bail

Agence France-Presse — Mon, 06 May 2013 22:31:05 +0000

Agence France-Presse

A 19-year-old friend of accused Boston bomber Dzhokhar Tsarnaev was ordered free on $100,000 bail Monday as he awaits trial for allegedly lying to investigators probing the attack.

Robel Phillipos, whose family emigrated from Ethiopia, was placed under house arrest, where he will be under the custody of his mother. He must also wear an electronic monitoring bracelet.

Maryland becomes 18th U.S. state to abolish death penalty

Kyodo News International — Thu, 02 May 2013 22:00:49 +0000

Kyodo News International

Maryland on Thursday became the 18th U.S. state to repeal the death penalty after Gov. Martin O'Malley signed the legislation, leaving life without the possibility of parole for the most serious offenders.

"Evidence shows that the death penalty is not a deterrent, it cannot be administered without racial bias, and it costs three times as much as life in prison without parole," a press release by the governor's office said.

The legislation goes into effect Oct. 1.

Sinking of B.C. ferry 'honest mistake,' not criminal action: defence

The Canadian Press — Thu, 02 May 2013 19:30:59 +0000

The Canadian Press

VANCOUVER - Karl Lilgert acknowledges he was in charge of the Queen of the North passenger ferry in the dying minutes of its final voyage seven years ago.

Lilgert even admits it may have been his own mistakes that caused the ferry to miss a scheduled turn and sail into a remote island, sending the ship sinking to the bottom of the ocean and leaving two passengers missing.

But none of that makes Lilgert a criminal, his lawyer told a jury Thursday, as the defence presented its closing arguments at his criminal negligence trial.

Former Kelowna Mountie handed suspended sentence for kicking man during arrest

The Canadian Press — Thu, 02 May 2013 18:15:52 +0000

The Canadian Press

KELOWNA, B.C. - A former RCMP officer who kicked a suspect in the face while the man was on his knees has been handed a suspended sentence and 18 months probation by a judge.

Geoff Mantler pleaded guilty to assault causing bodily harm for kicking Buddy Tavares during an arrest in the Okanagan city two years ago.

The arrest, which was caught on video by a bystander, showed Mantler kicking the man as he was complying with police orders to get down on the ground.

Judge Greg Koturbash also ordered that Mantler have no contact with Tavares.

Kenya grants bails to Venezuelan diplomat on murder charge

Agence France-Presse — Thu, 02 May 2013 13:30:29 +0000

Agence France-Presse

A Venezuelan diplomat in Kenya charged with the murder of his ambassador was granted bail Thursday after nine months in custody, court officials said.

Acting ambassador Olga Fonseca Gimenez was found strangled in her Nairobi home in July 2012.

Dwight Sagaray, who was serving as first secretary at the embassy, is one of seven charged with Fonseca's murder.

Judge Roseline Korir granted Sagaray a bail of two million Kenyan shillings ($23,900, 18,100 euros), as well as the guarantee of two sureties each for the same amount, a court official confirmed.