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The Provincial Court of Manitoba
Brandon Centre
Between:
Her Majesty the Queen
- and -
Marcel Desrochers, Justin Enge, Gregory
Holinaty, Norman Johnson, Shane Kotyk, Bernard Marendiuk,
Douglas Severson, Gerald Carlson, Darroll Wallin, David
Fedirko, Joey Mizu, Richard Fedirko,
Accused.
Transcript of Proceedings had and taken before
The Honourable Judge James, held at the Brandon Court House,
1104 Princess Avenue, in the City of Brandon, Province of
Manitoba, on the 7th day of July, 1997.
Appearances:
Mr. C. Mainella, for the Crown.
Mr. O. Rosowsky, for the Accused.
[begin page 16]
read? There appears to have been no
reading to date. I don't know if that's --
Mr. Rosowsky: We will waive, formally
waive. Mr. Carlson has reviewed the charges prior to
this date and we wish to enter please of guilty with respect
ot both counts on behalf of the corpration...
The Court: Thank you.
Mr. Rosowsky: ...with Mr. Carlson's express
authorization, and again I believe sentencing has been agreed
to be taking place on the 7th of November, as in the previous
instances.
Mr. Mainella: Yes, if those could go as
well. That leaves simply --
The Court: Thank you, sir.
Mr. Mainella: That leaves simply on the
docket David Fedirko, Richard Fedirdo, and Joey Mizu.
I've had some discussions with my learned friend and more time
is required. I'm going to ask that those matters be
stood down until 4:00 o'clock, Your Honour.
The Court: Yes, fine. Right.
Mr. Mainella: Thank you, Your Honour.
(Recess Until 4:00 P.M.)
Mr. Mainella: Again thank you again,
Your Honour, for the indugence. We're in a position now
to effectively wrap up the rest of the matters that are set
for trial and today will be the conclusion of proceedings.
What we'd like to begin with is an addition to
your docket. It will be a number 24. I don't know
if the clerk has written it in. It's a charge that I've
instructed be laid today against a Darroll Wallin, a two count
information. I understand Mr. Wallin is present.
Perhaps what we can do is have Mr. Wallin come forward and
enter a plea.
[end page 16]
[begin page 17]
Mr. Rosowsky: Yes, Your Honour, I'm appearing
with Mr. Wallin. We will formally waive reading of both
counts and familiarize Mr. Wallin with the contents of this
information as to both counts. And Mr. Wallin has
instructed that a guilty plea be entered on each of the two
counts in the information.
The Court: All right.
Mr. Mainella: Your Honour, it is summary
preceedings on behalf of the crown. It's no
process. Mr Wallin is present and before the
court. Obviously he's the gentleman behind me. He
is attorning to the jurisdiction and what we're asking is that
the matter be adjourned for sentencing to November the 7th at
10:00 a.m., room 207 in Brandon, and at that time sentece will
be passed of Mr. Wallin. It's a two count information.
The Court: Yes. For the record
those are the two counts in the information sworn on this
date, July the 7th, 1997.
Mr. Mainella: Yes.
The Court: Sir, you understnad that you
are to appear in this court room on November 7th at 10:00 a.m.
for sentencing? Thank you.
Mr. Rosowsky: Than you.
Mr. Mainella: Perhaps then what we could deal
with, Your Honour, is perhaps this --
The Court: That's fine, Mr. -- Thank
you.
Mr. Mainella: It will be a number 7,
David Fedirko, and number 19 and 20, Joey Mizu. Perhaps
they could come forward. I understand that they're going
to be entering pleas today and it will be before sentencing
before Your Honour this afternoon.
I understand that David Fedirko will be
entering a please to number 8 on the docket and Mr. Mizu will
be entering a please to number 20 on the docket, charges under
section 31 of the
[end page 17]
Certificate of Transcript
I, Diane Fotheringhame, hereby certify that
the foregoing pages of printed matter, numbered 1 to 26, are a
true and accurate transcript of the proceedings recorded by a
sound recording device that has been approved by the
Attorney-General and operated by court clerk/monitor M. Hamm,
and have been transcribed by me to the best of my skill and
ability.
[Signature]
Court Transcriber
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