(This
column was published in the North
Shore News on
May 30, 2001)
Conditional sentences lax
By Leo Knight
THERE
is not a cop anywhere who hasn't shaken his or her head in
helpless frustration as a court inexplicably lets free an
offender who desperately needs to be kept behind bars.
And
so it was in Saanich earlier this month, on the day before the
body of the missing little Lethbridge girl, Jessica Koopmans,
was found. The Province newspaper told part of the story
of Mark Istephan, a 30-year-old Island man who received an
18-month conditional sentence for trying to abduct a 13-year-old
Victoria girl.
For
nearly the last decade Istephan has been stalking women. And if
that's not bad enough, while under police investigation for over
50 incidents, he tried to grab the young teen.
The
case was being driven by North Vancouver RCMP investigators
after one of their own was being stalked by this -- and I use
the term loosely -- man. But Istephan didn't stop there. He also
set his sights on a female West Vancouver police officer.
Police
investigating him stepped up their operation to bust this creep,
but in a symptom of the realities of police work in these
bizarre times, the surveillance operation had to stop when
Istephan boarded a ferry for the island.
As
much as that irks in itself, it was the order of the court
following Istephan's conviction that really rankles. An 18-month
conditional sentence is wholly inappropriate.
Especially
when the residence he is ordered to live in by the court shares
a back fence with the playground of an elementary school.
The
judge in the case turns out to be none other than Ernie Quantz,
who, as Assistant Deputy Attorney General, OK'd the infamous,
sweetheart deal given to former Burnaby school principal and
convicted pedophile William Bennest. Not to mention the
non-prosecution of Dr. John Gossage in spite of the 40-plus
complainants. And there were other controversial situations
while he was serving in the attorney general's office.
In
fact, his appointment to the bench occurred fairly recently and
with very little fanfare by the outgoing NDP. An appointment
granted, no doubt, for his years of faithful service.
Now it must be said that I am not suggesting that Quantz has done anything specifically wrong or unethical. In fact, when I spoke to some people I know and respect about Quantz, I was assured he was a professional and ethical man. But the question remains whether he subscribes to the failed philosophies of his former bosses.
It
was Dosanjh who pushed the conditional sentencing provisions now
so prevalent by our courts. It was Quantz who was responsible
for the implementation of these ridiculous rules.
Dosanjh
said time and again publicly that conditional sentencing was to
be used as an alternative to custodial sentencing only in cases
involving non-violent offenders. The reality is quite different
as was demonstrated in the case of Mark Istephan.
The
police said he is a high risk to re-offend.
The
Crown prosecutor said he is a high risk to re-offend. Quantz
even agreed with that assessment in delivering his sentence.
Istephan
has demonstrated no respect for women as young as 13 years old.
He hunts for female targets to stalk.
He
physically grabbed a young girl and tried to abduct her off the
street. Is that not in itself a violent offence?
Quantz
fumbled this opportunity to be measured in his new job.
Considering it was his responsibility in the AG's office to
implement the administration of the courts and the criminal
justice system, it is perhaps telling that he could not bring
himself to jail a man who so desperately needed it for the good
of society.
Even
after being thrown out of office in as loud and clear a manner
as possible, it seems the fallout of the failed principles of
the NDP will be with us for a long time to come.
I
hope Quantz thanked Dosanjh for his "job for life."
-30-