Pubdate: Fri, 21 Mar 2008
Source: Winnipeg Sun (CN MB)
Copyright: 2008 Canoe Limited Partnership
Contact:  http://www.winnipegsun.com/
Details: http://www.mapinc.org/media/503
Author: Tom Brodbeck

CANDID JUDGE TELLS TRUTH ABOUT COKE DEALER

It's been a while. But there's finally a judge who is deserving of
this column's Hard-Ball Award.

The academy is pleased to announce Court of Queen's Bench Justice
Donald Bryk is the latest winner of the Hard-Ball Award, handed out to
judges who understand the importance and application of the sentencing
principles of deterrence and denunciation.

It's the antithesis of the Eight-Ball Award.

Bryk sentenced cocaine dealer Jose Neves to 10 years in prison this
week, accepting a joint sentencing recommendation from the defence and
Crown.

It's a stiff sentence but it falls within the accepted range.

However, it's not the sentence alone that elevates Bryk to Hard-Ball
status.

It's his tell-it-like-it-is tongue lashing of Neves that sets him
apart from other judges.

You know how we often hear judges coddle criminals with I'm OK/You're
OK, touchy-feely language?

Crap like: "Well Bob, since the time you beat that guy with a hammer,
you've really turned your life around."

Judges often have this annoying habit of emphasizing the so-called
good things about criminals and too often buy into the bogus, glowing
testimonials others bring to the court.

"Johnny's really a nice boy. He just didn't know what he was doing
when he lit his neighbour's dog on fire."

Well, Justice Bryk isn't one of those.

Instead of pretending Neves is a good guy who just got caught up with
the wrong crowd and that he's really a loving father, blah, blah,
blah, Bryk told the truth.

"He is a cold-hearted, greedy, manipulative, dishonest and deceitful
person who cares only about monetary gain," Bryk said. "He doesn't
respect human life."

Hey, now.

"Neves doesn't have an ounce of remorse in his entire body," he said.

We don't have to get into the serious harm cocaine dealers like Neves
cause in society. We all know what it is. He's a "parasite" on
society, as Bryk put it.

Neves was nabbed in 2006 by police as part of Project Defence, an RCMP
sting operation. He pleaded guilty to two counts of trafficking cocaine.

At the time of his offences, he was on parole for a previous cocaine
trafficking offence.

Bryk said Neves "bamboozled" the National Parole Board when he
convinced them to release him.

"I can only hope your true colours will be apparent to the next parole
board in front of which you appear," Bryk said.

Bryk even went after the people who expressed support for Neves
through letters they submitted to the court.

"How can characteristics of honesty and decency be applied to a
convicted drug dealer whose sole purpose is to sell drugs to young
people?" he said.

Bryk didn't buy Neves' song and dance that he deserved leniency
because he pleaded guilty. Neves pleaded guilty not because he is
remorseful, but because he wanted a shorter sentence, said Bryk.

What a refreshing change to hear that from a judge.

It's refreshing because it's true. Bryk was simply telling the truth.

And to top it off, Bryk refused to give Neves the usual two-for-one
credit in pre-trial custody, where criminals get double time in remand.

Why should this guy get double time credit?

Some judges could learn a thing or two from Bryk.

It's called common sense.
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MAP posted-by: Derek