NORTH BATTLEFORD - The judge has made a key evidentiary ruling in the manslaughter sentencing of Keenan Mirasty.
Judge Dan O’Hanlon has ruled that Mirasty had committed a second assault on Sequin Mooswa at her apartment on St. Laurent Drive on March 8, 2020.
In making that ruling, O’Hanlon has accepted the agreed statement of facts that had been filed in the case.
The ruling came in North Battleford Provincial Court Friday morning. Sentencing has been adjourned to April 8, again in provincial court, to allow counsel to prepare their submission on penalty.
Judge O’Hanlon’s ruling follows what has been a lengthy sentencing process. Mirasty pleaded guilty to manslaughter in the death of Mooswa in the fall of 2020. The Crown and defence made sentencing submissions in August 2021 when an agreed statement of facts was presented.
But a disagreement emerged during those submissions over whether a second assault had taken place. That was considered significant in determining the length of sentence.
During earlier proceedings the Crown had taken the position the acceptable range of sentence for Mirasty was between eight to 12 years in prison, and that the findings of the autopsy report pushed them to the top of the range.
But the defence took issue that a second assault had taken place, arguing that Mirasty had denied that it had taken place and that it had not been proven beyond a reasonable doubt.
In September, Judge O’Hanlon ruled the statement of facts had not been agreed to and a full sentencing hearing was ordered. That hearing took place in March.
In his ruling Friday, Judge O’Hanlon ruled that it was proven beyond a reasonable doubt the second assault had taken place. He based his ruling on testimony from two witnesses, as well as a photo of the deceased.
One witness testified to being woken up by loud banging above her unit which shook the lights. That was followed up by another incident of loud banging around 5 a.m., after which she called the police.
The other witness had also described the extent of injuries seen on Mooswa after Mirasty had left Mooswa’s apartment following the first incident. Judge O’Hanlon noted that her description of Mooswa’s swollen face and shallow breathing contrasted to the later photo of the deceased, which showed what O’Hanlon described as horrific facial injuries.
As well, the autopsy report of Mooswa was indicative of blunt force trauma to the head and scalp. This also supported the finding of a second assault.
Judge O’Hanlon also ruled the second assault had taken place in the same location as the first, in Mooswa’s apartment.
The judge said he was satisfied beyond a reasonable doubt of the second assault, and accepted the agreed statement of facts.
While the judge and counsel appeared in person in provincial court Friday, Mirasty made his appearance by video link. His next appearance on April 8 is also scheduled to be by video.
