Judge slams Legal Aid for abandoning accused

Article content

A Brantford man accused of attempted murder found an unlikely ally in an Ontario Court judge as he was sentenced instead on one count of aggravated assault.

Article content

Barry Foster Kelly, 33, admitted to getting into a fight with an acquaintance and stabbing the man repeatedly on Oct. 21, 2021.

The man was treated at a trauma centre for cuts into his chest, including one that was 10-centimetres long and entered his chest cavity.

But Justice Gethin Edward said Kelly ended up being “abused by the criminal justice system” and he laid the blame squarely at the feet of the Legal Aid Ontario.

“Early on, the accused wanted to change lawyers,” said Edward.

“These were serious charges, so it’s not unusual for an accused to realize they need more experienced counsel, yet there was nothing but radio silence to the accused from Legal Aid.”

At one point, the judge said, the case brought Kelly back to court every week for updating. Finally, a Toronto area lawyer, Darren Sederoff, stepped in and made an application to get special funding to handle Kelly’s case.

Article content

“Hope is often the only thing that keeps you going in custody, particularly with the conditions at Maplehurst,” said Edward.

“The accused lost that hope due to the way he was treated by Legal Aid and that counts for something, in my view, as far as mitigation.”

The judge added that the delay kept Kelly in pandemic conditions when COVID was more of a concern, time when he was triple-bunked and locked down for months.

Edward said Kelly has no related record, and had waived his right to a trial despite the victim being “currently out of touch with the police” and not ready to testify against him.

There was also no evidence presented that the stabbing was premeditated.

Edward thanked Sederoff for his commitment to the accused and sentenced Kelly to two years of time already served,

The judge declined to order the man to serve a probation saying “he’s been in the criminal justice system long enough.”

[email protected]

@EXPSGamble