Judge dismisses abuse of process application

Two men found guilty of a 2010 robbery spree in Regina will proceed to sentencing after a Court of Queen’s Bench judge threw out a defence application arguing abuse of process during their trial.

On Thursday, Justice Guy Chicoine dismissed the defence’s application regarding Joseph Vincent Manitopyes, 28, and Marcel Joseph Pelletier, 29.

Manitopyes and Pelletier were found guilty on March 30, 2012, of several counts of robbery, attempted robbery, wearing a mask to commit a crime and possession of stolen property. Sentencing was originally set for May 1, 2012, but was adjourned so the Crown could consider requesting assessments as part of a possible dangerous offender application, said Chicoine.

However, defence lawyers filed the application on several grounds, including the claim that had they known the Crown was contemplating dangerous offender applications, they would have conducted the trial differently — such as choosing a different mode of trial than judge alone and making different decisions about whether to let their clients testify, said Chicoine.

With respect to the mode of trial, the judge said it was “difficult to fathom” that a jury wouldn’t have convicted the two men if it was known the Crown was considering dangerous offender applications.

Given their client’s criminal background and the severity of the offences, the defence lawyers should have known that dangerous offender applications were a possibility, he said.

As well, Chicoine argued that there was no misconduct by the Crown for not notifying the defence of its intent to consider dangerous offender applications and that, even though a guilty plea deal of fixed sentences of four to eight years was offered, the accused rejected the offers and were found guilty at trial. The Crown was not misleading the defence and within its right to reconsider the fixed sentences offered before the verdict and pursue more severe sentences, he said.

If the defence’s application had been accepted, the matter would have proceeded to a voir dire evidence hearing. Instead, Manitopyes and Pelletier will be back in court on May 2 and May 8, respectively, where the Crown will ask they remain in custody for a period of time so a forensic assessment can be made.

Crown prosecutor Buffy Rodgers — who took over the case temporarily after the trial — said that based on the results of the assessments, a decision will be made whether to proceed with a dangerous offender application.

tmceachern@leaderpost.com