Liberal version of house arrest

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This article was published 06/08/2009 (5879 days ago), so information in it may no longer be current.

A Manitoba judge has seemingly rewritten the definition of "house arrest" by allowing a violent convicted criminal to leave his property at any time provided he is accompanied by his infant sister.

Seif Ali, 21, will be given plenty of freedom under the year-long conditional sentence imposed Wednesday. He was found guilty of aggravated assault for a violent attack outside a Winnipeg high school two years ago. He claimed he acted in self-defence when he delivered a "soccer-style" kick to the head of a 15-year-old boy, causing a broken jaw that had to be wired shut for six weeks.

Provincial court Judge Marva Smith rejected the Crown’s bid for a 30-month prison sentence, saying she doesn’t want to put Ali in an environment filled with other criminals who may take advantage of his vulnerability. She said such a move "could backfire on society."

Prosecutor Chris Vanderhooft also expressed concerns about the unusual exception to Ali’s curfew that allows him to go wherever he wants at any time of the day or night, provided he stays within two kilometres of his home and has his one-and-a-half-year-old sibling with him.

"I’ve never seen a condition like that imposed," Vanderhooft told the judge. Smith insisted it has been done before and says she wants to encourage some "pro-social behaviour" from Ali.

Ali simply has to leave a voice message with his conditional sentence supervisor every time he leaves, or returns, from a trek through his neighbourhood. He is not allowed to leave his house by himself at any time during the first four months of his sentence but can be away between 6 a.m. and 8 p.m. during the final eight months.

"I’m not sure how exactly this is going to be enforced," said Vanderhooft. The so-called sister clause extends throughout the entire sentence, day or night. Smith said she doubts Ali will be taking the toddler out in the middle of the night as a means of getting out of the home.

The Crown has up to 30 days to file an appeal.

"So, if he wants to grab a Slurpee at 11 p.m., he just calls, leaves a message, grabs the kid, and off he goes. He can meet anyone he wants, any time he wants, as long as he has the kid and leaves a message. Does that sound like jail?" a justice source said upon hearing of Smith’s sentence.

Vanderhooft said prison was necessary based on the serious nature of the attack. He noted federal laws recently changed, making a conditional sentence unavailable for this type of crime. Ali was given an exception because his offence predates the new legislation.

The victim and several friends had come to Kelvin High School as "muscle" to protect a young female student from the unwanted advances of another boy at the school — Ali’s younger brother.

There had been a heated confrontation inside the cafeteria during lunch and plans were made for an after-school brawl. The boy with the broken jaw admits he brought a machete. He claims he only planned to use it to frighten people and never intended any harm, court was told.

Kimberly Gauthier, a vice-principal at Kelvin, testified she came outside to see Ali holding the machete while the victim was down and injured. She recognized him as a former student. Gauthier demanded he turn over the knife and called police.

Smith rejected Ali’s self-defence claim at trial, saying "the force he used… was far more than necessary and was excessive… and unjustified." However, she said Wednesday the attack was "an impulsive act of retaliation" and not nearly as serious as other case precedents presented by the Crown at sentencing.

Ali has been deemed a medium risk to violently reoffend and admits he has a problem with anger management. He was born in Iraq but came to Canada with his family at a young age.

Smith has ordered him to attend counselling and treatment, perform 50 hours of community-service work and meet with the victim to express remorse, if the young man is willing to do so.

"I don’t want to see you back in my courtroom," she told Ali as he left with his family.

www.mikeoncrime.com