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Wednesday, January 25, 2017
Issue 38
SERVING THE ENERGY CITY SINCE 1903
www.estevanmercury.ca
Mailing No. 10769 | Publication No. 40069240
Mullen matter adjourned, Khan’s lawyer seeks discharge At the regular Jan. 23 sitting of the Estevan provincial court, the sentencing of Nathan Mullen was postponed, and the matter has been adjourned until Jan. 27. Mullen was not able to be present before the Estevan court, and had to appear by video, from the Regina Correctional Centre, where he is being held in remand. Mullen’s attorney, Bob Hrycan requested and was granted permission by Madam Justice J.E. McMurtry to cross-examine the author of the pre-sentence report prepared for Mullen’s trial. Hrycan cited issues with the contents of the report as grounds for the cross-examination. Hrycan will be seeking a reduction of the sentence to be given to Mullen, referencing Mullen’s experiences while held in remand as one reason for such a course of action.
Mullen, originally from Ottawa, was charged with the second-degree murder of Erin Dwyre, in 2014. He pleaded guilty to manslaughter on Dec. 9, and the plea was officially announced on Dec. 13. He has been in custody since his arrest. Meanwhile, the Crown is looking to impose a sentence that would result in a criminal record for former Estevan Police Service officer Mohammad Khan, Khan’s lawyer Aaron Fox wants the court to consider giving his client an absolute discharge. If Khan were to be given an absolute discharge, he would avoid getting a criminal record. Fox argued before Judge Doug Kovatch, that an absolute discharge would allow him to keep a security job he has gotten in another province — a job that requires him to not have a criminal record. In a record of a judge-
The Pipes Were Calling An impressive display of bagpipes and drums were in full view and sound on Saturday night for the annual salute to Robert Burns. The Estevan Elks PPCLI Army Cadet Corps pipers and drummers were joined by their counterparts from the Kilted Wind Pipe Band and Highland dancers from the Drewitz School of Dance to offer a full entertainment package that included immortal words about the Scottish bard himself. Story on Page A3. Photo by Norm Park. ment report released by Judge Doug Kovatch, on the Canadian Legal Information Institute’s website, Kovatch described Khan’s actions as naive and indicative of inexperience, leading to frustration he took out on a suspect he pursued. After joining the Es-
tevan Police Service in August 2014, Khan was involved in the arrest of an individual following a drug complaint in May 2015. During the arrest, Khan chased one of the suspects involved in the complaint, and took him to the ground. While he had the individual on the ground, Khan cuffed
him and proceeded to push his head into the pavement three times, exhorting him to stop resisting.Khan’s behaviour led to allegations of assault, abuse of authority and discreditable conduct. He was subsequently dismissed from the EPS in July 2015, and later resigned. Two investigations
were carried out to examine the matter. One of the two was an independent investigation done by the Public Complaints Commission. Both found that the allegations against Khan were substantiated and he was charged with one count of assault. Khan will be sentenced on March 30.
New cemetery bylaw will create changes By David Willberg dwillberg@estevanmercury.ca
A new bylaw would not only increase fees for services at the city’s cemetery, but it is also expected to result in better upkeep for the area. Estevan city council gave first reading to the bylaw at their first meeting of the year on Jan. 16. Second and third readings will be needed before the new bylaw will be implemented. The city is looking for feedback on the document. In an interview with the Mercury, parks manager Rod March, who is also in
charge of the cemetery, said Estevan currently averages $688 per unit for services provided at the cemetery, which is below the provincial average. March has recommended an eight per cent increase, would bring the average rate for service to $743. He noted Estevan would remain below the provincial average when compared with the other 14 cities in the province. The last increase for the cemetery rates came in 2013. “It works out to two per cent per annum (since the last increase),” said March.
The new bylaw also removes the “care and maintenance” administrative fund, and replaces it with care in perpetuity provisions that March believes will better outline the city’s obligations and commitment to care and maintain the cemetery. “In the past, a certain percentage of each sale went into a care and maintenance fund,” said March. “But it just wasn’t handled properly. Now, by taking this out, it allows me to access some of that funding that was aside so we can do these necessary upgrades in the cemetery.”
Those changes would include straightening up headstones, putting in some flagging and new vegetation, adding paving stones around the columbarium and completing some general cleanup work. Previously he could only spend the interest from the care and maintenance administrative fund. March expects this will result in better appearance for the cemetery. “It’s explicitly stated that we’re going to look after it, we’re going to do what the public expects us to do, and even more,” said March. “It was just really
unclear to me, and as the administrator of the cemetery, I get a lot of phone calls.” The veterans’ section of the cemetery was recently surveyed and expanded, and 38 new plots have been created. One plot is already in use. March noted they were running out of room in the veterans’ section, and so he wanted to ensure there was enough space for local veterans and their spouses. “ Wi t h t h i s b y l a w, you’re supposed to identify what you have surveyed and all your records,” said March. And there will be room for 270 more spaces around
the columbarium. March noted the city currently has 21 bylaws related to the operation and the maintenance of the cemetery. He reviewed those bylaws, examined their obligations from the past, and drafted the new bylaw to help clean up some of the inconsistencies with their record keeping and accounting systems, and explain what is required for the city to care for the bylaw. A date for second and third readings has yet to be determined, but it is not scheduled to occur at council’s next meeting on Jan. 30.
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