For­mer jailer to be sen­tenced on breach of trust charge


A for­mer jailer with the Cape Bre­ton Re­gional Po­lice who pleaded guilty to a charge of breach of trust will be sen­tenced later this month.

Crown pros­e­cu­tor Alonzo Wright and de­fence lawyer Bill Burchell made their sen­tenc­ing ar­gu­ments Thurs­day be­fore Supreme Court Jus­tice Robin Go­gan, who ad­journed to con­sider sen­tence.

Wright rec­om­mended a sen­tence of 12 to 18 months pro­ba­tion while Burchell is seek­ing a con­di­tional dis­charge which would al­low his client the ben­e­fit of not ac­quir­ing a crim­i­nal record.

Todd El­liot MacKay, 44, of Lin­gan Road, was fac­ing four charges but pleaded guilty to breach of trust in con­nec­tion with an in­ci­dent May 6, 2011.

MacKay ad­mit­ted to call­ing the Henry Street Pub and telling a staff per­son not to let any­one in the club smoke be­cause a pro­vin­cial com­pli­ance of­fi­cer was mak­ing the rounds.

In his pre­sen­ta­tion to the court, Wright noted that MacKay had a sworn obli­ga­tion not to re­lease in­for­ma­tion he ac­quired as part of his du­ties to unau­tho­rized sources.

Go­gan asked if there was an ap­pre­cia­ble dif­fer­ence be­tween a spe­cial con­sta­ble and a po­lice of­fi­cer, to which Wright re­sponded there wasn’t much of a dif­fer­ence. He said MacKay was still a con­sta­ble and should still be held to a high level of ac­count­abil­ity.

How­ever, Burchell noted that a spe­cial con­sta­ble is dif­fer­ent than a po­lice of­fi­cer, given their pow­ers and au­thor­ity.

Burchell said his client has no prior record and co-op­er­ated fully with po­lice dur­ing their in­ves­ti­ga­tion which also re­sulted in the con­vic­tion of a for­mer po­lice con­sta­ble on breach of trust and ob­struc­tion of jus­tice charges.

The po­lice of­fi­cer has since re­signed from the force while MacKay re­mains listed as sus­pended.

Both Wright and Burchell agree that MacKay’s ac­tions were at the lower end of the scale.

In ad­dress­ing the court Thurs­day, MacKay said the phone call to the bar was some­thing he re­grets ev­ery day. He is now work­ing as a pip­efit­ter in Al­berta.


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