Andrew McKay
The sentencing of Andrew McKay, former director of graduate studies at Thompson Rivers University, has again been delayed.
McKay is charged with one count of possession of child pornography.
He was to be sentenced in Vernon provincial court on April 12, but Judge Mayland McKimm agreed to an adjournment.
Both Crown prosecutor Evan Goulet and defence lawyer Shawn Buckley were to join the proceedings in Vernon via telephone, but Buckley was unavailable as he was tied up with a jury trial in Alberta.
His representative, Geneviève Eliany, said there could be a contested sentencing or a withdrawal of McKay’s guilty plea based on a development regarding evidence.
Goulet explained that when he was describing the child porn material in question during a sentencing hearing in Salmon Arm in January, Buckley interrupted and said he hadn’t seen or heard about some of the material.
However, Goulet said he had emailed Buckley prior to McKay entering a guilty plea, laying out exactly what material he would be presenting.
The January sentencing was then adjourned so the lawyers could sort out the evidence.
Goulet told McKimm last week he hasn’t been able to speak to Buckley, but he expects the sentencing hearing would be short, with one or two witnesses and possibly one more piece of material.
McKimm directed the court to meet with the judicial case manager to set aside a half-day in Kamloops for the sentencing hearing.
About two weeks to a month before it takes place, McKimm wants Crown and defence counsel to hold a pre-trial conference via telephone to confirm both sides are ready to proceed.
He said he wants the hearing to be scheduled for the end of May or early June at the latest, noting he is not prepared to wait indefinitely for Buckley’s return.
“Mr. McKay is entitled to have the sentencing sooner than later,” McKimm said.
In August 2015, McKay changed his plea from not guilty to guilty. On May 12, 2014, in Kamloops, McKay was found in the possession of child pornography in the form of images.
