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Appeal? We should applaud this judge! |
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Written by Al Hollingsworth
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Saturday, 25 July 2009 |
My euphoria was short lived on Friday morning as I had only partially read a headline in the Chronicle-Herald. What my eye caught was “jail term for bus shelter damage.” What it missed was “man fights jail term ….”.
In that brief moment, my heart raced as I felt that finally the law was dealing with one of these punks who take delight in ruining our community.
In case you missed it, Michael Jose Barbosa Mason, a 23-year-old from Evans Avenue in Fairview, was sentenced on July 13 in a Halifax Provincial Court, after pleading guilty to charges of mischief and breaching a recognizance. The latter was for failing to keep the peace and be of good behaviour.
The Crown and the defence attorney made a joint recommendation that Mason be given a three-month intermittent jail sentence and probation and ordered to pay $1,000 in restoration. Hey, they could have been really demanding and suggested his TV privileges be taken away, and imposed two days without cookies. I stray.
Judge Hughes Randall would have none of that. And good for him.
The judge, whom I have known for many years, sentenced Mason to nine months for the breach and one month for the mischief, the sentences to be served concurrently.
Mason is currently serving his sentence at the Central Nova Scotia Correctional Facility in Burnside.
Why did Randall dismiss the joint recommendation?
The judge correctly pointed out that bus shelters are being vandalized at the expense of taxpayers far too often, and he wanted to make an example of Mason. To which I say “Amen.”
The Legal Aid lawyer, Roger Burrill, who represented Mason, disagreed. In fact he appeared in Supreme Court on Thursday to have a date set for an appeal. The appeal will be heard September 9.
At least once a week, and sometimes more, I see bus shelters with the glass shattered and yellow tape strung up to protect Metro Transit riders who use the shelter. Maybe if jail time is not appropriate punishment (and I truly believe it is), they should stand the Masons of this world in a smashed out bus stop during a driving rainstorm or a blizzard. Let them get the feel of what they put others through.
Meanwhile I am not about to second guess or even attempt to influence the Supreme Court of Nova Scotia. They, in their wisdom, will decide if Judge Hughes Randall’s decision was excessive.
All I’ll say, as an onlooker is “Thanks Hughes, we needed that.”
(Al Hollingsworth is a retired journalist and broadcaster
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