‘This is no game’

Rosie Mullaley
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Judge orders accused murderer to stay in jail after he breached court order

It was an expensive meal — one that cost Kenny Green his freedom

Suspected murderer Kenny Green had his bail revoked Tuesday at Newfoundland Supreme Court in St. John’s. — Photo by Rosie Gillingham/The Telegram

After spending one day out of jail, the 35-year-old accused murderer has had his bail revoked because he ate supper at a restaurant that serves alcohol.

Green shook his head and his girlfriend sobbed as Justice William Goodridge gave his decision at Newfoundland Supreme Court in St. John’s Tuesday.

Green was first jailed in March of last year, when he arrested in connection with the beating death of 47-year-old Joey Whalen.

Whalen died in hospital on March 17, 2013, two days after he was reportedly beaten at a notorious drug house on Tessier Place in downtown St. John’s.

Shortly after, Green was denied bail.

However, Goodridge agreed to grant Green bail Friday afternoon following a review hearing.

The judge imposed several strict conditions, including that Green post $75,000 in sureties and that he report to the RNC four times a week. He was also ordered to abstain from drugs and alcohol and stay out of any licensed drinking establishment.

But the next day around 6 p.m., Green was taken back into custody 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.

Green didn’t have a drink, but the judge concluded he was breaching court orders just by being there.

“You have lost my confidence in your ability to respect court orders,” Goodridge said.

Green insisted it was all a misunderstanding.

When he took the stand at the hearing Monday to argue the issue of the breach, Green 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.”

The officers testified that while the issue of restaurants as licensed drinking establishments in court orders wasn’t clear-cut, they did suggest to Green that he get a copy of his recognizance and talk to his lawyer if he had any doubts.

Goodridge accepted the officers’ evidence and agreed that Green should have erred on the side of caution under the circumstances.

“You were warned about establishments that sell alcohol,” Goodridge said in his decision.

“You concluded that you would proceed on your own presumptions. … You were told it was a grey area and you knew you were risking a violation of your recognizance.”

Goodridge reminded Green that he is facing a serious charge of second-degree murder.

“You treated it like a cat-and-mouse game,” the judge said.

“This is no game, Mr. Green. You are charged with one of the most serious crimes.”

He added, “It gives me concern about what you will do next. … I find you were wilfully blind and reckless.

“You tested the (bail) conditions with knowledge it was a grey area and knowing police were watching you.”

Defence lawyer Randy Piercey told reporters outside the courtroom that he will speak to Green before deciding whether or not to appeal the judge’s decision.

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

He’s due back in Newfoundland Supreme Court in March for a status update on his murder case. He’s scheduled to return to provincial court Feb. 17 to deal with the breach charge.

Geographic location: Tessier Place, Topsail Road

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