Rumours circulate as ruling under banBy Janet Gibson

Miner and News Staff

When Justice Peter Hambly issued a stay on proceedings in the Justin Carambetsos manslaughter case Feb. 18, he imposed a publication ban on the details of his ruling for 30 days.

During this time, the Crown may appeal the stay to the Ontario Court of Appeal in which case the ban would be extended.

Also protected until the ban is lifted is evidence presented at the preliminary hearing in 2001, and Hambly's previous rulings issued in June 2003 and December 2003.

Unless members of the public sat in the courtroom for the preliminary hearing, the pre-trial motions or the short-lived trial in January, they know very little about the case concerning the death of North Spirit Lake man Max Kakegamic on Oct. 4, 2000.

The Crown has refused to make any comment on the matter, however Carambetsos's lawyer, David Gibson, outlined the steps the Crown will take now that a stay has been issued.

Crown attorneys Trevor Jukes of Thunder Bay and John Benson of North Bay will have to decide if they want the stay be appealed or not, and send their written recommendations to the Crown's head office in Toronto along with copies of Hambly's three rulings.

The Crown's head office will have the final say on whether or not to appeal the stay and will communicate their decision to Jukes and Benson.

Gibson said he'd be very surprised to hear anything before a week to 10 days.

Both the Daily Miner and News and Winnipeg Free Press have considered challenging the publication ban but were advised by their respective lawyers it would take much longer than 30 days to do so.

Sun Media corporate lawyer Alan Shanoff said it's "not extraordinarily rare" for a judge to issue a stay but it's "not very common."

Gibson stressed the publication ban wasn't his client's idea.

"Rumours are circulating he got off and nobody knows why," Gibson said. "It's not helping the justice community or the aboriginal community."

"The publication ban is out of our hands," said the communications director for Grand Council Treaty 3 Adolphus Cameron.

"We have to be concerned that something violent and tragic happened. That needs to be looked at. It appears some form of justice wasn't looked at when it comes to a human being's life and the family that was affected by it. We have to see what we can learn from this so something like this doesn't occur again."

Cameron noted the city, police forces and First Nations recently met to strengthen their relationships.

"None of us are moving," Cameron said. "We're going to have to live with each other. The judicial system is there to protect everybody."

Law enforcement officials declined to comment until the publication ban expires March 18.

Kenora Police Chief George Curtis, whose police service originally investigated the death of Kakegamic, said he would have no comment on the 57-page ruling until the 30-day appeal period expired.

Ron Lunny, newly-appointed chairman of the Kenora Police Services Board, also declined to comment.

OPP Det.-Insp. Robert Deasy, who became involved in the case in 2002, is also waiting until the appeal period expires before commenting.