BY KEITH LACEY
It appears SudburyÂ?s Crown attorneyÂ?s office wonÂ?t be proceeding with the cityÂ?s first dangerous offender application after all.
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After numerous adjournments requested by the Crown, defence counsel Andrew Buttazzoni asked for a two-week adjournment in the case of Kenneth Â?KennyÂ? MacDonald.
A dangerous offender hearing against MacDonald was set to begin Wednesday at the Sudbury Courthouse.
However, Justice Patricia Hennessy granted the adjourment to Monday, Feb.. 17.
Buttazzoni and assistant Crown attorney Fran Howe said MacDonald will be sentenced when he returns to court for his role in a vicious beating of a man in a hotel washroom in August of 2001.
The Crown will allow the sentencing to proceed and will reserve the right to bring forward the dangerous offender application against MacDonald at a later date.
During numerous court proceedings over the past several months, it was revealed the Crown has the right to hold a dangerous offender hearing after an accused person has been sentenced for serious offences.
Buttazzoni told the court Wednesday he needed extra time so a psychiatrist can complete a report on MacDonald.
MacDonald has remained in custody since being arrested almost 18 months ago following the assault incident in the hotel washroom. HeÂ?s been serving pre-trial custody on the assault since December of 2001.
MacDonald was convicted last February following a brief trial. Hennessy was the judge at that trial.
There have been numerous delays since the Crown announced last March it was considering holding a dangerous offender hearing against MacDonald.
A psychiatric report by a Toronto doctor following a 60-day assessment of MacDonald was not forwarded to the courts until a few weeks ago when Hennessy ordered the doctor to finish the report or face serious consequences.
Howe received permission from the Attorney GeneralÂ?s office to go ahead with the dangerous or long-term offender application against MacDonald, who has a criminal record that includes more than 30 convictions, including more than a dozen for assault, assault causing bodily harm and assault with a weapon.
If a judge deemed MacDonald a dangerous offender, he could be locked up behind bars indefinitely. If a judge were to deem MacDonald a long-term offender, authorities would have special powers to watch him closely when heÂ?s released from custody.
Buttazzoni went to court to have the dangerous offender application stayed against MacDonald a couple of months ago, but he was not successful.
MacDonaldÂ?s co-accused in the hotel washroom beating incident, Stewart Enosse, received a 30-month penitentiary term.
The Crown is expected to ask for additional jail time for MacDonald at the upcoming sentencing hearing. ItÂ?s expected Buttazzoni will ask MacDonald be released for time served.
