Irish eyes shine again for Eugene Kelly

"You don't hit somebody when they're down."-Eugene Kelly

He was kicked, stomped and pepper sprayed by three Hamilton pieces of trash who thought they could get away with it. Eugene Kelly got up, heeled himself and fought back in court and this week he got the vindication he deserved. Kelly, 47 was outside the courthouse where two Hamilton youths were convicted of participating in a mob attack on him on Nov. 12, 2006.

Ontario Court Justice Bernd Zabel found both males, who were 17 at the time, guilty of aggravated assault. He convicted one of them of assault with a weapon and administering a noxious substance (pepper spray). The pair, who cannot be identified under the Youth Criminal Justice Act, will be sentenced May 2. A third accused, Bronson Vinerskis, who was 18 years old, pleaded guilty to aggravated assault in adult court and will be sentenced on April 9.

Kelly, a married father of two grown daughters, has no memory of being stomped and repeatedly kicked in the head. He learned only weeks later, after awakening from heavy sedation and semi-consciousness, that doctors in the emergency room observed a distinct boot impression on the side of his bleeding face.

Witnesses said Kelly was pepper-sprayed by one youth and minutes later knocked to the pavement outside the Pizza Pizza at Fiesta Mall in Stoney Creek. He was unconscious as soon as his head hit the ground. A group of teenage boys surrounded his defenceless body and administered a flurry of kicks to his upper body and head.

The lead singer in a Celtic rock band called Crooked Jack, Kelly was returning home from playing a gig at the Corktown Pub. He stopped into the pizza shop sometime after 2 a.m. for something to eat. He admonished a teenager at the counter for failing to say thank you to the server. A friend of the youth took offence and challenged the older man to meet them outside.

Kelly suffered closed-head injuries and permanent memory loss, along with chronic impairment of his equilibrium. He has recently returned to work at Dofasco, but in a limited capacity. The steelworker has difficulty maintaining his balance and now walks with a cane.

"It's been just devastating," Kelly said, referring to the struggle he and his family faced to return to their normal lives. What hurts most is not having the dexterity to play guitar or the strength to stand for long and perform onstage. "It's not there yet. I tried a couple of times, but it's just not there yet."

I hope the justice system finally says enough is enough and hands out adult sentences to a bunch of coward "youth offenders" who committed adult crimes.

Later,
Kenaz

Young offenders should be treated like adults

The Conservative government plans to introduce a bill as early as next month to treat young offenders more harshly, including an expected provision to make it automatic that violent and repeat offenders over age 13 receive adult sentences.

This is one promise contained in the Conservative election platform, which promises "to hold young lawbreakers accountable to their victims and the community." That they can ill afford to break. It is time for jail sentences for youths to reflect the growing severity of the crimes.

One change would be to make it automatic for youths aged 14 and over who are repeat or violent offenders to receive heavier adult sentences, a provision that would remove the discretionary powers of a judge to decide on a case-by-case basis. As it stands, it is presumed that serious crimes will merit adult punishment, but it is not mandatory. This discretion was glaringly problematic in the Matthew Daly case, one that lead to one of his killers to walk free after timed served.

The government's plan as expected will run into legal trouble, there is already a challenge, slated to be heard in the Supreme Court of Canada next fall, to the current, lenient law. The case involves a 17-year-old youth who beat another teen at a Hamilton, Ont., shopping mall. The victim eventually died from his injuries.

The Ontario Court of Appeal decided last year that youths in trouble with the law should be treated as children not adults. A three-judge panel in Ontario declared that presuming youths will be punished as adults violates the Charter of Rights and Freedoms and that it should be up to prosecutors to present a convincing case on why youths should be punished as adults, rather than the other way around.

The government also plans to add a provision to the act instructing judges to take "deterrence and denunciation" into account when sentencing youths. The principle, which already exists in the Criminal Code for adults, means imposing longer sentences to send a message to the public.

The Youth Criminal Justice Act came into force almost four years ago replacing the Young Offenders Act which was a joke. This act saw a huge amount of kids walk in the front door of our jails and be turned free even before the paperwork was signed. Or not be charged with crimes such as break and enter or third degree assault because the cops knew they couldn't get a conviction because of a justice system caught in the past when kids actually feared punishment. Now it's all they know, and "wear" it like a badge of honour.

Rehabilitation rather than punishment, only works if the convicted is truly ready to repent for his crimes and wants to return to society. For the other 60% (police say that the new focus has caused a 40% decrease in the number of youths serving time in jail) the proposed bill will see them lose their rights the same way they took from their victim.

Of course the Liberals plan to halt the bill at all costs, they fell that,

"Harsh treatment doesn't work," said Liberal justice minister, Marlene Jennings, who added that she expected that the Conservative proposals would violate the Charter of Rights guarantee that punishment must be proportionate to the crime.

She said she is particularly "horrified" at the prospect of eliminating the discretion of judges to pass sentences as they see fit, on a case-by-case basis.

Inconsistency amongst judges is why the justice is broke and needs to be fixed. I agree with this bill and even some new considerations that have been leaked.

The government is considering going even further for 16- and 17-year-olds. A leaked memo that proposes to give the Crown discretion to use the adult justice system, not just sentencing, for youths aged 16 and 17 who are charged with murder, attempted murder, manslaughter or aggravated sexual assault. The difference is that in the youth justice system, their names are protected from publication and they do not carry a criminal record into adulthood.

Hopefully this bill of hope doesn't see the shredder like many other bills that have attempted to remedy of sick justice system.

Later,
Kenaz