Discharge sought
Judge to determine next phase in argument
A Sydney provincial court judge is expected to determine next week the next step in the case of Sydney man who pleaded guilty to communicating for the purpose of obtaining sexual services.
Judge Brian Williston has already issued two rulings in the case of John Russell Mercer, 73, who was among 27 men charged in a 2015 police investigation targeting street level prostitution in Sydney.
Williston previously denied Mercer defence arguments, put forth by lawyer TJ McKeough, that the police operation was an abuse of process. The judge also denied an application that the operation amounted to nothing more than entrapment.
What McKeough is now asking the court to consider is that the penalty assigned to the offence is cruel and unusual and wants the court to impose a discharge.
McKeough is expected to argue that his client should not be tagged with the mandatory minimum fine of $500 and incurring a criminal record that is likely to limit his opportunity to travel to such destinations as the United States.
However, Crown lawyer Peter Harrison said in order for provincial court judge to stray outside the prescribed sentencing regime, the legislation governing such offences needs to be declared having no force and effect.
Harrison said such a ruling can only come from the Supreme Court which is where the defence application needs to be heard.
In addition, said Harrison, federal justice department officials need to be notified by the defence of such an application and that has yet to be done
Williston ordered both sides to return to court next week to further discuss the defence application.
Some of the accused have already pleaded guilty to the charge and issued fines of $500. Others have taken the matter to trial.
Verdicts of not guilty were entered in three cases and two others are awaiting decision.
The investigation by Cape Breton Regional Police, dubbed “John Be Gone,” targeted street level prostitution in downtown Sydney for a 10-day period during August and September 2015.