The deal’s off
Defence lawyer Bob Buckingham applying to change client’s manslaughter guilty plea
Chesley Lucas was ready to face his punishment after pleading guilty to several charges, including manslaughter, in connection with the stabbing death of a Conception Bay South man.
Now, the 24-year-old wants to go back to denying the allegations. When the case of Lucas and co-accused Calvin Kenny was called in provincial court in St. John’s Friday, Lucas’s lawyer, Bob Buckingham, told the judge he plans to file an application to withdraw Lucas’s guilty plea.
The change in plans came as a result of the judge’s decision to reject lawyers’ joint suggestion on sentencing. Last month, Judge Colin Flynn turned down the defence and Crown’s collaborative recommendation of a 7 ½-year prison sentence for Lucas and Kenny.
Flynn had said he had concerns with a number of aspects of the suggested sentence, and the sentence could undermine the public’s faith in the justice system. Certain parts of the sentence as it related to the two men in particular seemed “extremely low,” the judge said at the time.
That didn’t sit well with Buckingham, who said it was a deal-breaker.
“The guilty plea was made on the basis of a joint submission and certain agreements that were made and negotiated with the Crown,” Buckingham told reporters outside the courtroom.
He said while the decision to reject the joint submission is ultimately at the judge’s discretion, he pointed out the Supreme Court of Canada, in a recent decision, provides an option to withdraw the guilty plea.
Buckingham wouldn’t reveal the basis of his application, “but let me tell you that the points will be substantial. This is not frivolous. … There are real and factual issues that will be presented to this judge. … We’re going to elaborate on some of those factors for the judge as to why Mr. Lucas made the decision at this time and why it’s fair at this juncture for a guilty plea to be withdrawn.”
Buckingham, whose cocounsel is Robert Hoskins, said he is ready to take the case back to the preliminary inquiry stage and will go to trial if necessary.
“It takes as long as it takes,” Buckingham said. “But for Mr. Lucas, this is a priority.”
The decision could change things for Kenny as well.
During proceedings, Randy Piercey — who represents Kenny with co-counsel Jon Noonan — said he understood that withdrawing the guilty plea at this stage in proceedings wasn’t possible, but given Buckingham’s intention, he said they will take time to review it.
Lawyers, including Crown prosecutors Tannis King and Richard Deveau, agreed to return to court for a status update Jan. 22.
Lucas, 24, and Kenny, 26, who were both in the courtroom, have pleaded guilty to charges of manslaughter, forcible confinement, robbery and arson in connection with the death of 25-year-old Steven Miller in July 2016.
Miller was assaulted and kidnapped by three masked men with guns who forced their way into his Seal Cove home. The intruders then set the house on fire.
Miller’s body was found four hours later in a driveway in the Bayview Heights area of Kelligrews. He had been stabbed multiple times.
Two other men were also charged.
Kyle Morgan, 20, pleaded guilty to being an accessory after the fact to manslaughter. He was sentenced to a year behind bars in August 2017.
Paul Connolly, 36, is still facing charges of murder, robbery, forcible confinement and arson, and his lawyers have said they are waiting for the outcome of Lucas and Kenny’s sentencing before they enter pleas.