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

Accused murderer went to restaurant where alcohol served

Rosie Mullaley rmullaley@thetelegram.com
Published on January 21, 2014
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.
— Photo by Rosie Gillingham/The Telegram

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

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.

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(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