DANGEROUS OFFENDER STATUS SOUGHT FOR PAXTON
Application imminent in torture case
The Crown will apply to the Alberta Attorney General’s office to have convicted roommate torturer Dustin Ward Paxton declared a dangerous offender.
Prosecutor Joe Mercier told Court of Queen’s Bench Justice Sheilah Martin on Wednesday that it is his intention in the next few weeks to prepare a full report to support his application.
If declared dangerous, Paxton could be imprisoned indefinitely.
Mercier said the application would also include a long-term offender status, which could be applied should the dangerous-offender application not succeed.
A long-term offender would be given a specific prison term, followed by stringent supervision in the community for up to 10 years after release.
Last month, Martin had given the Crown approval for an extension for forensic psychiatrist Dr. David Tano to prepare a report on the Crown’s application.
“It is very important to be as detailed as possible (in the application), as the liberty of the accused is at stake,” he said outside court.
“A dangerous-offender designation is like a life sentence. It is one of the most serious.”
Mercier said the dangerous offender hearing could take three to four weeks to hear all the evidence.
Paxton was not in court for the brief hearing, at his request.
Defence lawyer Jim Lutz, who has publicly stated he does not believe such a designation is warranted and has fought it, told the judge Paxton did not want to be present.
The offender was, however, in a holding cell on the same floor.
Paxton was found guilty early this year of aggravated assault and sexual assault against a male roommate, whose identity is protected by a court-ordered ban, in 2008 and 2009.
The case first came to light i n April 2010, when Paxton dropped off his victim, who was emaciated and near death, at a hospital in Regina.
The victim had testified during the trial that he was subjected to daily beatings and was forced to perform sexual acts.
He remains brain-injured and disfigured, despite dozens of surgeries.
The case will be back in court Jan. 16 to see if the Attorney General has approved the application.
A date will then be set for the dangerous-offender hearing, if approved, or a sentencing hearing.