Delays continue in child-porn sentencing

The sentencing of a former director of graduate studies at Thompson Rivers University has been delayed again.

The sentencing of Andrew McKay, former director of graduate studies at Thompson Rivers University, has been delayed again.

He is charged with one count of possession of child pornography.

McKay was to be sentenced in BC Provincial Court in Vernon on the morning of Tuesday, April 12, but Judge Mayland McKimm agreed to a delay.

Both Crown counsel Evan Goulet and defence lawyer Shawn Buckley were to join the proceedings in Vernon via telephone, but Buckley was unable because he was tied up with a jury trial in Alberta.

His representative Geneviève Eliany said there could be a contested sentencing or a withdrawal of McKay’s guilty plea based on a development regarding evidence.

Goulet explained that when he was describing the child porn material in question during a sentencing hearing in Salmon Arm in January, Buckley interrupted and said he hadn’t been apprised of some of the material.

However, Goulet said he had emailed Buckley prior to McKay entering a guilty plea, laying out exactly what material he would be presenting.

The January sentencing was then adjourned so the lawyers could sort out the evidence.

Goulet told Judge McKimm on April 12 he hadn’t been able to speak to Buckley, but he expects the sentencing hearing would be short with one or two witnesses and possibly one more piece of material.

McKimm directed the court to meet with the judicial case manager to set aside half a day in Kamloops for the sentencing hearing. The lawyers will meet to fix a date for the hearing on May 5.

McKimm would also like Crown and defence counsel to hold a pre-trial conference via telephone before the hearing takes place, to confirm both sides are ready to proceed.

He wants the hearing to be scheduled for the end of May or early June at the latest, noting he is not prepared to wait indefinitely for Buckley’s return, and “Mr. McKay is entitled to have the sentencing sooner than later.”

In August last year McKay changed his plea from not guilty to guilty.

 

Salmon Arm Observer