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Ordering an indigent homeless man to pay greater than $1 million in damages he precipitated to the enduring Peace Bridge could be a “meaningless gesture,” a choose dominated Friday.
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Provincial Courtroom Decide Margaret Keelaghan additionally stated giving Brian Douglas Jensen a number of extra weeks behind bars would have little influence.
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“In my view, there is no level in having him serve a number of extra weeks in custody,” Keelaghan stated, agreeing with Adriano Iovinelli that the credit score of simply over 9 months Jensen has served is ample jail time is.
Keelaghan ordered Jensen, 59, to serve 12 months of probation, throughout which he should endure evaluation, counseling and remedy for any underlying psychological well being points he has.
Crown prosecutor Rob Marquette argued a 12-month jail sentence was warranted for the vandalism Jensen suffered whereas smashing panes of glass on the bridge final summer time.
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Marquette additionally requested Keelaghan to grant a restitution order on behalf of the Metropolis of Calgary for $1,036,389.60, the quantity of harm Jensen precipitated throughout two separate acts of vandalism final June 18 and July 24.
However Keelaghan stated inserting such an order on the indigent and homeless Jensen for the remainder of his life could be futile.
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“Mr. Jensen won’t ever be capable to pay restitution and as such I discover that making a restitution order of this magnitude could be a meaningless gesture,” she stated.
Keelaghan additionally thought-about banning Jensen from utilizing the bridge between the Sunnyside neighborhood and downtown Calgary, one thing the offender was not against.
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“If it helps them really feel higher, sure, I can go round,” he instructed the courtroom, earlier than the choose finally discovered such an order was pointless.
One of many circumstances of Jensen’s probation is that he’s prohibited from carrying any weapon, or merchandise that can be utilized as one.
Keelaghan famous that homeless people like Jensen typically carry instruments for cover, however she stated he must guarantee he would not arm himself in such a manner.
“I am effectively conscious that individuals in your circumstances typically carry issues that can be utilized as a weapon,” Keelaghan stated.
“I am telling you you may’t have weapons. You can’t have one thing that can be utilized as a weapon. It’s a must to have a motive for the whole lot you’ve gotten in you and it should not be for violence.”
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“Sure, your honor,” Jensen replied.
He pleaded responsible to a cost of malicious harm to property for utilizing a picket object to interrupt one pane of glass on June 18, earlier than returning six weeks later and smashing 70 panes with a hammer and piece of rebar.
Iovinelli stated whereas it was not an excuse, his consumer acted out of sheer frustration along with his lot in life, which included residing on the streets for practically a decade.
“He cannot get housing, he cannot get meals certain days… and he is working on a $25 million construction constructing by town of Calgary,” Iovinelli instructed Keelaghan final Monday.
“Think about being instructed there aren’t any assets after which strolling on a $25 million bridge,” stated the lawyer.
“He was indignant with the world he was indignant on the metropolis, he was indignant at his way of life he was simply indignant.“
Opened in March 2012, the bridge is the $24.5 million creation of Spanish architect Santiago Calatrava and is likely one of the metropolis’s favourite locations.
KMartin@postmedia.com
On Twitter: @KMartinCourts
