Wednesday, March 17, 2010

Smith trial sentence expected in October

Former district resident Donald Smith, now living in Kenora, won’t learn until sometime next month his sentence after being convicted earlier this year of four counts related to making, possessing, and distributing obscene material.
The exact date has not been set yet.

The sentencing hearing, which was expected to be completed yesterday in Ontario Superior Court here, was prolonged by several motions proposed by the defence related to the admissibility of evidence to be included in the Crown’s sentencing recommendation.
Assistant Crown Attorney Kent Saliwonchyk is requesting Smith be placed on probation and pay a $98,000 fine.
If he’s unable to pay the fine, the Crown is seeking 1,000 hours of community service from Smith, or a combination of fines and community hours.
The defence, meanwhile, is seeking the proceeding be suspended or that there be a “stay of proceedings” which, for the purpose of an appeal, would be considered an acquittal, attorney John Bilton said.
Citing the eight years of legal proceedings, costs of litigation, nearly three years of probation, and the suspension of producing the materials in question, Smith already has served retribution, Bilton argued.
Saliwonchyk countered, submitting his opinion to presiding Justice Jack McCartney that “the fine takes into appropriate consideration” the offences for which Smith has been found guilty and the need to repair harm done by those actions to the community.
Smith was found guilty by a jury May 29 in his second trial on charges stemming from an OPP
investigation back in October, 2000.
Smith originally was found guilty on five charges in late 2002 and was sentenced to a precedent-setting $100,000 fine, which later was reduced to $2,000 by the Court of Appeal.
This second trial is the result of a Court of Appeal ruling to grant Smith a new trial on four of the five charges.

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Donald Smith

This man(?) is a disgrace & I hope that his punishment is not reduced in any manner. His arrogant demeanor & diregard for other people is disgusting. Time in jail for him would be good news.

Pride and prejudices aside......

You are ill informed about the man, the law, the materials in question, and the motivations of those behind his prosecution. You are ill informed either because you choose to be, or because your personal pride and prejudices have the better of you.

You know nothing of what is available in the mainstream. You know nothing about film arts. If you knew all this, you would not be so quick to judge and condemn.

If it's not illegal for others to make and distribute materials that contain HARDCORE SEX and violence, then why should it be illegal for Smith to make materials with mere nudity and fake movie violence?

Smith is appealing the decision so don't start rubbing your palms together and celebrating.
He will win in the end because the law is the law and he has the same right to freedom of expression as anyone else.

The case against him is discrimination.

It seems Steven Harper is

It seems Steven Harper is right, Canada really IS a much more conservative nation these days. My oh my how easy it is for people to judge this man Smith in spite of their lacking much if not most of (and in some cases all, obviously) the facts of the case, and without actually having seen the materials in question much less comparing those materials to other works of similar content that are not only legally distributed everywhere but are obviously acceptable everywhere. It's much easier to take in all the talk, the gossip, and what the news media reports, and sit and pass judgement based on that rather than take the time to impartially look at the case from both sides.

How easy it is to point the finger saying "There! HE'S the bad guy, HE is what's wrong with society! HE is to blame for my lot in life! Let's stone him!"

Some of you truly frighten me.

The fact is the Ontario government has squandered millions of tax dollars over the past eight years trying for a conviction on what amounts to a misdemeanor charge and fine (all of which was later set aside at the surpreme court level), all the while dragging the accused through the wringer trying to bleed them dry of funds, resources, reputation and life. Accused individuals often have no recourse or alternative BUT to give in and succumb to the system, regardless of their guilt or innocence. Bravo to Smith for standing up and fighting for what he believes is right.

Dear Editor

It's strange that you would allow this person's comment to pass scrutiny and print it when I know for a fact that other people have sent in more reasonable comments and you have refused to print them.

This comment is a person's subjective opinion of Mr.Smith. It's based on personal pride, prejudice, feelings, and lack of maturity.

If printing someone's personal attack while offering them a cloak of anonymity is your idea of providing a service to your reader, or your idea of providing good information to your reader, then it says a lot about what you think of your readers. Only a moron would would be enlightened by such trash.

That first comment should be removed immediately because it is a personal attack and highly prejudicial and inflammatory. It does nothing but inform intelligent readers that your news paper is nothing more than a rag and not worthy of reading.

Never heard of this guy

Never heard of this guy before, what did he do ?