A judge has dismissed charges against nine correctional officers in the death of an inmate at Her Majesty’s Penitentiary.
In her ruling this morning, Provincial Court Chief Judge Pamela Goulding stated there was no evidence to support charges of manslaughter, criminal negligence causing death or failing to provide the necessities of life.
On the contrary, she said the nine guards appeared to act calm, controlled and professional throughout their interaction with 33-year-old Jonathan Henoche before his death on November 6th, 2019.
By contrast, the judge was highly critical of the approach by the Crown, whose case fell apart after key medical evidence was deemed inadmissible during the preliminary inquiry.
The incident in question was triggered by Henoche’s contact with a female guard, leading to a takedown by other guards in the special handling unit or SHU.
Minutes later he was non-responsive and taken to hospital where he was pronounced dead.
Goulding also noted Henoche was far from a model inmate, committing numerous infractions while at the Pen, mostly involving assaults on other inmates.
Defence lawyers expressed relief on behalf of their clients today, but cautioned that the Crown could still seek a direct indictment to get to trial.
Prosecutor Sheldon Steeves told VOCM News it’s too early to make that call yet.
Henoche’s family, meanwhile, has filed a wrongful death lawsuit against the provincial government in the case.