Judge won’t allow Crown to read rape victim’s statement aloud

CALGARY A judge on Tuesday declined a Crown request to read aloud the victim impact statement of a rape victim, sparing her assailants from hearing the effect the crimes had on her.

Provincial court Judge Terry Semenuk would not allow Crown prosecutor Zailin Lakhoo to read the teen’s statement in open court, even though the victim had requested she do so.

Lakhoo told Semenuk the victim did not wish to read the statement herself in front of the two men who brutally assaulted her 20 months ago, brothers Corey and Cody Manyshots. Instead, she wanted the prosecutor to read it for her.

Semenuk questioned the authority of someone other than the victim to read in the statement, but was told the Criminal Code permitted him to allow it. Despite that, he declined to have it read by Lakhoo.

“The record will show that the victim impact statement has been marked an exhibit,” he said. “I’m not going to allow the Crown to read it into the record having regard to the publication ban (on the victim’s identity).”

Exhibits on a criminal file are not available to the public without a formal request to access them and a judicial order allowing their release.

Meanwhile, Semenuk heard sentencing submissions from the Crown and defence.

Lakhoo said both deserved sentences of 12 years on charges of kidnapping, sexual assault causing bodily harm, uttering death threats and robbery. Cody, 23, and Corey, 27, earlier pleaded guilty to those charges in connection with a Nov.14, 2014, random attack on the then17-year-old victim.

The girl was waiting at a bus stop in northeast Calgary late that evening when the brothers forced her into an alley and both raped her.

Cody Manyshots then told her: “If you want to live one more night, come with us, or you can die in the alley.”

The brothers then led their victim to their parents’ home, a 20-minute walk away, where they repeatedly raped her for several hours.

Lakhoo said there were numerous aggravating factors, including the fact the attack was premeditated and involved multiple acts of sexual assault by both men.

Defence lawyers Alain Hepner and Mitch Stephensen said lesser sentences were warranted. Hepner told Semenuk he would be seeking a six-year term, minus credit for time already served for Cody.

Stephensen, who represents Corey Manyshots, said his client, who has served the equivalent of 21/2 years with enhanced credit for pretrial custody, should be sentenced to two years followed by probation.

Both lawyers asked that their submissions in the sentencing hearing be delayed so they can further investigate issues raised in psychological reports.

Stephensen noted his client was diagnosed with schizophrenia and wants to determine if Corey was on his prescribed medications at the time and, if not, what effect that would have on his culpability.

Hepner noted it was suggested Cody may have fetal alcohol syndrome and needs to explore the effect that would have on sentencing.

A date to resume the sentencing hearing will be set Aug. 3.