Pubdate: Sat, 19 Apr 2008
Source: Winnipeg Sun (CN MB)
Copyright: 2008 Canoe Limited Partnership
Contact:  http://www.winnipegsun.com/
Details: http://www.mapinc.org/media/503
Author: Dean Pritchard

FLIP-FLOP A SPEED BUMP IN COURSE OF JUSTICE

Who says the wheels of justice move slowly?

One hour after a judge declared a mistrial in the case of a B.C. drug
courier, a second judge sentenced the man yesterday morning to five
years in prison.

Mark Shutermeja, 25, has already served 21 months in custody and faces
almost certain deportation to his native Albania upon completion of
his sentence.

Justice Joan McKelvey was preparing to sentence Shutermeja Thursday
morning when he abruptly proclaimed he was innocent, contradicting a
guilty plea he had made just 20 minutes earlier.

McKelvey ordered a short recess, after which Shutermeja reversed his
position again.

"I'm guilty ... The only reason I said (I wasn't) was because I wanted
to fight it, but I don't have $1,000 to fight it."

McKelvey adjourned sentencing to yesterday morning, saying she wanted
to give Shutermeja more time to think about his decision.

When court resumed yesterday, McKelvey declared a mistrial and recused
herself from hearing the case.

"I don't think it would be appropriate for me to continue on this plea
and sentencing after what I heard," she said.

Minutes later, lawyers were repeating their submissions before Justice
Brenda Keyser, who endorsed their five-year sentencing
recommendation.

Shutermeja pleaded guilty to one count of possession of cocaine for
the purpose of trafficking.

He and another man were arrested in July 2006 after city police
received a tip they were in possession of a large amount of cocaine.
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MAP posted-by: Larry Seguin