2010-04-15 / Local News

Docherty manslaughter sentencing delayed

By WES KELLER

Superior Court Justice Bonnie Wein has set April 26 as a date on which Kenneth Allan Docherty will learn when he is to be sentenced for the manslaughter of Jason Weber of Kleinburg on May 29, 2008.

But defence lawyer Carrie Bellan told Superior Court hearing Monday that the sentencing could be as far away as June, as she is attempting to obtain a pre-sentence psychiatric report. The judge offered to assist with expediting the assessment but Ms. Bellan explained the problem has to do with Legal Aid.

Monday’s hearing, in which Mr. Docherty sat in the prisoner’s dock for the first time since his seconddegree murder trial began, had been moved from the large and historic courtroom to what is generally considered the small motions room.

“I am sure we can find a courtroom in Orangeville somewhere (for April 26),” said Justice Wein.

In the meantime, Mr. Docherty was scheduled to appear in Ontario Court of Justice today on charges of theft over $5,000, fraud and uttering a forged document.

Then, on Monday, April 19, Mr. Docherty appears in Superior Court here in Orangeville on a single charge of extortion.

It could not be immediately confirmed, but all other charges appear to have been in connection with events leading up to the fatal day. The jury in the murder trial had not been made aware of the additional charges and might not have known that Mr. Docherty had been in custody since the day of his May 2008 arrest.

In his second-degree murder trial, Mr. Docherty admitted to causing the death of Mr. Weber but had told police that he had no choice as he was being threatened.

Among evidence presented at that trial, Tim Callaghan told the court in effect that he had felt threatened by a group that would have included Mr. Weber. He said he had no knowledge at the time who the men were.

Also among the evidence was information that Mr. Docherty had made an “empty envelope” deposit at a time which would have been within a period in which he had been desperately seeking to borrow more funds from a banking source.

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