Sentencing delayed for man in assault cases

Wagar was the accused in ‘knees together’ case

The accused in the infamous “knees together” case which brought down a city judge has had an assault sentencing delayed because of the COVID-19 lockdown of the Calgary Remand Centre.

Alexander Wagar was supposed to be sentenced Monday on two charges of assault causing bodily harm and one of simple assault in connection with three separate attacks last year.

But defence lawyer Adriano Iovinelli told provincial court Judge Joanne Durant he hasn’t been able to show his client crucial LRT surveillance of two of the attacks which Wagar wants to view.

Iovinelli, who appeared in court via telephone as new COVID -19 protocols limiting personal contact within the justice system continued, attempted to show the video to Wagar through a CCTV link, he told Durant.

The judge, who often had to patiently wait on the bench while clerks scrambled to get lawyers on the line, was told by Wagar last week he’d like her to view the footage.

Iovinelli said that may not be wise and adjourned so he could let his client view the material.

He asked Durant to adjourn sentencing for at least a month in hopes the Calgary Remand Centre lockdown will end soon and he can get the video to his client.

The delay to April 30 also allows the Crown to learn if Wagar’s three victims wish to file impact statements.

Wagar was acquitted by then-provincial court Judge Robin Camp of sexually assaulting a woman at a Dec. 14, 2011, house party.

In the trial, Camp asked the woman “why wouldn’t you just keep your knees together,” while also wondering aloud why she didn’t lower her bottom into the bathroom sink to avoid intercourse.

Camp eventually resigned in the face of removal by the Canadian Judicial Council.