Ontario Superior Justice Fletcher Dawson gave Stephen Papadopoulos an extra day in jail on top of the five years and three months he has spent in custody awaiting his trial for his part in the beating death of Matthew Daly in 2001.
A jury had earlier convicted him of manslaughter and the judge concluded he had driven some of the killers to the scene, but hadn't participated in the fatal attack. The jury had also convicted Sam Nop, 24, and Neil (Fadil) Mujku, 23, of second-degree murder. To reach this verdict, the jurors had to believe they were among the five men who punched, kicked and clubbed Daly to death.
Mujku will have to serve at least 12 years and Nop 13 years before they can apply for parole. With credit for pretrial custody, Mujku could apply for parole as early as Oct. 10, 2013, and Nop a year later. Another man convicted of second- degree murder, Vuthy Chak, 23, will have to serve seven years before he can apply for parole on Oct. 10, 2008.
The sentences are a slap in the face to Daly's parents who have waited five long years to see the cowards who snuffed out their bright light of a son in a fashion that is totally unforgivable.
Mr. Daly called the justice system "broken" but stopped short of blaming the judge for the lenient sentence. I can't be so forth giving to Justice Dawson.
A judge acts as the vessel that holds the elixir we call justice. Justice is meant to anoint those who are hurt by crime. This can't be done if the vessel has cracked and the limited supply of liquid healing has flowed out.
In other words it is a judges civic duty to force law makers into changing laws that benefit those who commit crimes of such grievous nature as this one. It's not right for judges to take the easy way out and hide behind our archaic laws. They must be the catalysis that stems the liberal flow of small minded justice.
Those who are found guilty of crime need to be punished in a fashion that suites the crime and detours them from committing that crime ever again. Coddling and naturing those who only know violence gives criminals a legal carte-blanche snub of society. Instead of feeling remorse, criminals laugh in the face of honest, law abiding people like the Daly family.
Papadopoulos walked out of the Maplehurst detention centre in Milton and spent the evening with his family in Hamilton. The Daly family spent the night asking "why?". "Why not two years for every year of his (Matthew's) life that they took away?" That was a sobering cry to the justice system from Matthew Daly Sr. Will his cry be enough to seal the cracks?
Or will lawyers like Heather McArthur, Papadopoulos' lawyer; who said her client "was absolutely thrilled" with the sentence and that he was looking forward to reuniting with his family and getting on with his life; drown out the cry with their screech of hypocrisy.
Respect for Papadopoulos will never be indulged upon him in Hamilton. Only remorse. He caused the Daly family a lot of pain and the apology he gave was that of a drowning man. Only his maker can offer him the forgiveness he seeks, he better start praying now, only god knows when his number is up.
Later,
Kenaz
