MOM WHO KILLED SONS BACK IN OZ
Child killer Allyson McConnell arrives in Sydney, Australia, on Tuesday afternoon (Edmonton time) after being deported from Canada following her release from Alberta custody. Last year, the Australian woman was convicted of manslaughter for drowning her two sons in the bathtub of the family’s home in Millet in 2010. The Crown is considering an appeal of her case, Alberta Solicitor General Jonathan Denis says. He was criticized Tuesday for his comments about her reduced sentence.
Comments by Alberta’s solicitor general about the alleged injustice of Allyson McConnell’s sentence for drowning her two children border on the contemptuous, her lawyer says.
Peter Royal chastised Solicitor General Jonathan Denis in a letter to the Journal.
“His comments upon the adequacy of the sentence as being ‘simply too lenient’ borders on the contemptuous,” said Royal, who represented the 34-yearold McConnell in court.
“We strenuously object to the unfortunate comments made by (Denis) and would suggest that his department’s pedestrian handling of this acquittal and sentence appeal has, in the circumstances, been less than satisfactory.”
McConnell, who was deported from Canada on Monday, landed in her native Australia on Tuesday afternoon (Edmonton time). Her mother accompanied her on the flight to Sydney.
On Monday, Denis said the province would push for appeals of both her conviction and sentence, even though McConnell had been deported.
“This is not over,” Denis said. “We will continue with the appeal until all avenues have been exhausted. And if the sentence of six years is increased to something more reasonable, we have full intentions of having her brought back from Australia to pay her debt to society.”
He said “absolutely everything” had been done in the McConnell case.
“We will continue this process until we feel justice has been served for the two deceased children,” Denis said.
Last year, McConnell was convicted of manslaughter for drowning Connor, 2, and Jayden, 10 months, on or about Jan. 30, 2010, in the bathtub of the family’s home in Millet. She then tried to commit suicide.
In his letter, Royal said Denis should have known that McConnell would be released on April 4 after a judge sentenced her to six years imprisonment, but reduced that to 15 months in recognition of the 2-1/2 years she had spent in custody at Alberta Hospital. A deportation order was also filed last Oct. 18.
Greg Lepp, head of Alberta’s prosecution services, said he understands Royal’s concerns, but sees Denis as “passionate about ensuring justice is done in this case. That’s really what’s driving him here. He has said on numerous occasions that we have to respect the independence of the judiciary.”
NDP MLA Rachel Notley said Denis should apologize or step down.
“I appreciate that this is a high-profile case that has generated some very strong opinions on both sides, but a minister of justice … absolutely must not conduct himself in a way that can be interpreted as pressuring the judges,” Notley said.
Liberal MLA Laurie Blakeman called the minister’s comments “inappropriate.”
“We have a separation … between the lawmakers and the courts,” Blakeman said.
Denis said he won’t apol–ogize.
“I will never apologize for upholding the best interests of the justice system in Alberta,” Denis said. “Mr. Royal as a criminal defence lawyer has a duty to his client. He has a duty to act in her best interest. We have a duty in the public interest in this matter. “
Royal questioned the minister’s comments that all reasonable steps had been taken to prosecute an appeal of McConnell’s sentence. Royal said there was a delay of about five months in filing supporting documents for the appeal with the court, after various extensions were granted.
“There was never an application to have an expedited hearing and no effort was made whatsoever to have this appeal heard in a timely fashion,” Royal said in the letter.
Royal said none of the circumstances should have taken the minister by surprise.
Denis “must act fairly and dispassionately, and clearly here he has failed to do so,” Royal said. “These are matters that are still before the Court of Appeal for argument and decision, and for (him) to descend into the arena and make these sorts of comments is entirely inappropriate and indeed may constitute professional misconduct as a lawyer.”
Lepp said the minister did know the timeline. While Lepp’s office will stress the importance of the case to the Court of Appeal, Lepp said no formal application will be filed for a quick turnaround because other cases — in which people are convicted and remain behind bars awaiting appeal — are the priority.
“The Court of Appeal sets its schedule. That’s part of judicial independence,” Lepp said.