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Dealer to stay in Sudbury Jail until sentencing

His lawyer wanted him released because of issues at the jail

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It’s been a long and winding road in the courts for Robert Cole over the past 18 months, and it could finally come to an end on Sept. 9.

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On May 17, 2019, Cole pleaded guilty to cocaine possession for the purpose of trafficking, fentanyl possession for the purpose of trafficking and possession of proceeds of crime over $5,000.

Police laid the chages in February 2019.

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But not long after, Cole — who has a long criminal history and is in custody — changed his mind and decided to push to have his pleas abandoned and start over. He began that process by filing a motion.

In March, Cole, 42, formally abandoned that motion in the Ontario Court of Justice and his second lawyer — J.J. Primeau — ordered pre-sentence and Gladue reports. A Gladue report assists a judge with sentencing options for people of First Nation heritage.

Justice Andre Guay then set a sentencing date of June 18.

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That sentencing never happened due to the onset of the coronavirus pandemic. Cole remained in custody in the meantime.

On Thursday, Cole appeared in the Ontario Court of Justice via videolink from the Sudbury Jail. He had a new sentencing date of Sept 9 set. Denis Michel is once again representing him.

The reason the sentencing could not immediately occur, the court heard, was due to a delay in completing the Gladue report by its writer, Bronson Bob, who needs another three weeks to complete it.

Michel said Bob has already met with Cole twice at the jail, but setting up a meeting is difficult due to structural issues there. Michel said if Cole was temporarily released on bail, the final interview could occur quickly and the report would get done faster.

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“Interview room issues at the jail have delayed the preparation of the report,” said the lawyer, referencing a letter Bob wrote to the court.  “It’s (Cole’s) involvement due to the fact he is being held in custody. (The release) would facilitate completing the report.”

Federal prosecutor Denys Bradley said Bob wrote the court an initial letter July 14 asking for seven weeks to get the Gladue report finished.

“Mr. Bob, so far, has met with Mr. Cole three, four times at the Sudbury Jail.”

Bradley said since Cole has been denied bail, if he wants to get out in the interim, he should seek a bail review.

Michel persisted in asking for Cole’s temporary release pending sentencing.

“He is being denied his right to liberty,” said the lawyer. “I’m truly upset. I’m asking for a sentencing date today and his release so we can get some justice.”

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Bradley countered that Bob had met with Cole July 13 and 28, and Aug. 4, and that the Crown was willing to give Cole a two-for-one credit for time spent in custody since March 1 due to the coronavirus pandemic. Normally, the Crown gives a 1.5-to-one credit for time spent at the Sudbury Jail before a sentence being issued due to a lack of programs there to help prisoners.

Justice Guay ultimately decided that Cole would remain in custody until sentencing, noting the waiting period from now to Sept. 9 is not that long.

“I’m not going to sit here and get into a debate,” said the judge. “I’m going to respect the process. Two-for-one (pre-custody credit), it is unusual, even in COVID times.”

Guay also said he would issue an order that Cole appear in person at his sentencing hearing.

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In an interview with The Sudbury Star last August, Cole’s mother – Liliane Parent – said she was considering suing the province for the way her son was being treated at the Sudbury Jail.

Not only was her son cut off from receiving his Suboxone for several weeks, alleged Parent, but he may also have had a possible stroke that had not been checked out.

“I’m pretty sure he had a stroke,” said Parent. “He couldn’t use his hand. They didn’t even bring him to the hospital to check it he had a stroke.”

Parent said it was the withdrawal of Suboxone – a medication-like methadone that is given to drug addicts to slowly wean them off opiates — that really concerned her.

“He had it and they took it away,” she said. “(People in custody) are human beings. You can’t do that. You have rights. I feel like suing those people. The things they (jail staff) do, it’s inhuman … It’s not right. (Inmates) are criminals, but they are human beings.”

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Cole told The Sudbury Star he wanted Suboxone to deal with his addiction issues, but the nursing staff took it away because they thought he was selling it, something he denied. Instead, he was prescribed methadone, which he doesn’t like.

He also said while he was mistreated by nursing staff at the jail, he praised the guards.

A spokesman for the Ministry of the Solicitor General in Toronto said the ministry cannot comment on what is happening to inmates at the Sudbury Jail, because it “does not publicly address an individual case.”

The ministry also said all inmates receive proper medical care.

hcarmichael@postmedia.com

Twitter: @HaroldCarmichae

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