Green breached court orders, will stay in jail, justice rules

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Rosie Mullaley
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Accused murderer went to restaurant where alcohol served

Kenny Green's decision on where to have supper has cost him his freedom.

Accused murderer Kenny Green heads back to the St. John’s lockup Monday afternoon after a hearing at Newfoundland Supreme Court in St. John’s that will determine whether or not Green breached his bail conditions.

The accused murderer, released on bail on strict conditions on Friday, went to a restaurant on the weekend that served alcohol. The problem was, he was under court order not to be in any establishment where alcohol is served.

The RNC arrested him for breaching his bail conditions.

Today in court, Justice William Goodridge said that breach of court orders, means his bail is revoked.

"You treated it like a cat and mouse game ...

"This is no game, Mr. Green. You are charged with one of the most serious crimes," Goodridge told him.

He added, "You tested the conditions with knowledge it was a grey area and knowing police were watching you."

"You have lost my confidence in your ability to respect court orders."

Defence lawyer Randy Piercey said he decided whether to appeal the judge's decision today after speaking with Green.

***

(Earlier story)

‘It was all a misunderstanding,’ Kenny Green says

Kenny Green insists he was just having a family supper. Police say he was breaking the law.

Today, a Newfoundland Sup­reme Court judge will decide whether the accused murderer breached conditions of his bail over the weekend by going into a restaurant that serves alcohol.

The decision by Justice William Goodridge could determine whether or not Green will once again be freed from jail.

If he concludes Green did not breach his court orders, Green will likely be released from custody again. If the judge believes Green did breach, he’ll stay in jail, but another bail review will likely be held.

Green was first jailed in March of last year, when he was arrested in connection with the beating death of 47-year-old Joey Whalen. Whalen died in hospital March 17, 2013, two days after he was reportedly beaten at a house on Tessier Place in the downtown area of the city.

Green pleaded not guilty to a charge of second-degree murder.

He had been denied bail, but Friday afternoon, Goodridge had granted Green bail following a review hearing.

The judge imposed several strict conditions, including that Green post three $25,000 sureties and that he report to RNC four times a week. He was also ordered to abstain from drugs and alcohol and to stay out of any licensed drinking establishment.

However, a day later — around

6 p.m. Saturday — Green was arrested on the parking lot of Jungle Jim’s on Topsail Road as he was leaving the restaurant, where he had dined with his girlfriend and teenage daughter.

It’s not believed Green, 35, had consumed alcohol while he dined there.

“It was all a misunderstanding,” Green told reporters Monday morning as he was being led out of provincial court in St. John’s, where he appeared on a charge of breaching court orders.

The case was brought to Newfoundland Supreme Court in the afternoon for a hearing to argue the issue of the alleged breach.

When Green took the stand, he claimed police at RNC headquarters — where he had signed in Saturday morning — had given him the impression it was OK to go to Jungle Jim’s as long as he didn’t drink and stayed away from the bar.

Green said he had asked two police officers about it. He said one of them told him the issue of restaurants as licensed drinking establishments was a “grey area.”

He said the officer said he wouldn’t arrest Green if he went in, but another cop might.

“I was under the impression I could go there (to eat),” Green said.

Green said he figured that particular condition referred to bars or nightclubs, not restaurants.

Defence lawyer Randy Piercey said it wouldn’t be unreasonable for Green to think it was OK to go into the restaurant, especially since it was a family establishment where children go all the time.

Crown prosecutor Sheldon Steeves said “grey area” meant it wasn’t for sure. He said if Green had any doubt, he should have contacted his lawyer to find out for sure.

The judge opted to take a day to review the evidence before making a final determination.

 

rgillingham@thetelegram.com

Twitter: TelyCourt

Geographic location: Newfoundland, Tessier Place, Topsail Road

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Recent comments

  • Barracks Room Emperor
    January 21, 2014 - 13:12

    Appeal

  • seriously
    January 21, 2014 - 11:16

    He was warned about not going anywhere that serves alcohol. And within 24 hours he does. Goes to see how much he cares for his family including his 15 year old. Hes been locked up for 10 months and instead of focusing on his family and making up for lost time and try to keep his nose clean he did this. He knew what he was doing

  • Sarah M
    January 21, 2014 - 11:00

    Part of his bail conditions were to not be in a place that sold liquor. I respectfully with to advise "Jack" that going to a restaurant is NOT a right. It is a privilege sir. One has the right to clean water, fair representation, education etc. We need o first understand the difference between human rights vs. privileges before assuming one's rights were infringed upon.

  • Jack
    January 21, 2014 - 09:58

    Since Kenny Green got his bail revoked for going to a family restaurant like Jungle Jim's, I guess Justice Goodridge is violating a person's right to go to family eateries, and this ruling sets a very dangerous precedent. As punishment for taking away a person's right to go to a family restaurant, making it against the law to go there, perhaps now is the time for Justice Goodridge to be removed from the bench. In light of Kenny Green's human rights infringement of having his bail denied for going to a family restaurant, I'm glad that his lawyer is appealing this unjust ruling. If the ruling stands, I guess its against the law to go to Jungle Jim's, and that's what's wrong with Newfoundland and Labrador's Justice System.

    • seriously?
      January 21, 2014 - 11:09

      he knew darn well what he was doing. He knew no establishment which alcohol is served and Jungle Jims serves it. So what part of that is hard to understand? violating a persons right? Hes accused of brutally beating a man to death and should never have been released from jail.

    • Not a sympathizer
      January 21, 2014 - 11:25

      It's not against the law to go to a family establishment. Kenny's bail conditions specifically stated he was not to enter licensed establishments. If he wanted a nice family dinner, he should have chosen a non-licensed restaurant or ordered take out. This has nothing to do with human rights, it's all about arrogant (or simply ignorant) criminals. On another note, that restaurant certainly has gone downhill if Green is reflective of their clientèle. Not the type of family environment I'd want to expose my kids to..

    • Jack
      January 21, 2014 - 13:12

      Seriously and "Not a Sympathizer", the Police and Justice Goodridge went too far in targeting him for eating at a family restaurant. Don't forget that many family restaurants, especially chain ones like Jungle Jim's and even Boston Pizza, serve liquor. I can understand being banned from taverns and ice clubs as they are not meant to be family gatherings, but meant to serve liquor. This ban not only sets a dangerous precedent for taking away a person's right to go to a family restaurant, liquor or not, but also other family based facilities that also serve alcohol including Curling clubs, Bowling alleys, Golf and Country clubs, and even Legions. Due to this ban being too heavy handed as it took away Kenny's right to go to a family restaurant, or even some athletic facilities, that's why I'm glad that he is appealing Justice Goodridge's unjust ruling.

  • Kevin Power
    January 21, 2014 - 09:43

    The judge made the right decision.

  • Mark
    January 21, 2014 - 08:31

    Ignorance of the law is no excuse to break it. Live with the consequences of your actions.