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No jail time for death threats Tim Edwards Northern News Services Published Friday, July 29, 2011
During his trial, Makaran testified that his mother had come home crying, saying the complainant in the case had disrespected her "every which way."
In response, Makaran went outside on Jan. 10 and got into a heated argument with the complainant, threatening that the complainant would not live through the night.
On Wednesday, Makaran's lawyer, Anthony Parr, said his client has "an abhorrence to violence against women, perceived or otherwise" - referencing the comments Makaran alleges the complainant had made to his mother. Makaran said those comments contributed to his loss of temper and the subsequent threats.
Judge Bernadette Schmaltz acknowledged Makaran's argument that it was a special circumstance that drove him to commit an offence. But she said, whatever the situation may have been, there was no excuse for his actions, which she said have led to the complainant living in a state of fear and anxiety.
"You don't take a bad situation and make it worse," Schmaltz said.
All the parties involved in the case acknowledged there is a history between Makaran's family and the complainant. On Dec. 9, 2010, Makaran's father, taxi driver Ahmed Makaran, was sentenced to nine months of house arrest after pleading guilty to assault with a weapon. His victim was the complainant in his son's court case.
As for the death threats uttered by Ahmed's son, Crown prosecutor Danielle Vaillancourt said the complainant forgives the younger Makaran. She also noted that Makaran contacted the complainant twice while the case was before the court - even though he was under an order not to - in order to apologize.
"He was apologizing for losing his temper," Vaillancourt said.
Parr said his client is part of a close-knit, loving family, which also includes his wife and son.
Though the Crown asked for 30-day jail sentence, Parr argued an 18-month sentence served in the community would be appropriate given the circumstances of the case.
In the end, Schmaltz handed down a suspended sentence to Makaran.
He received three years probation with conditions including that he must take any counselling his probation officer recommends, have no contact with the complainant, complete 200 hours of community service and register a DNA sample with the police. Makaran must also pay a $50 victims of crime surcharge by the end of September.
Schmaltz said any instance of violence, or violent threats, affects the whole community negatively and must be adequately punished.
"It makes us trust each other a little bit less," she said.
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