Whitehorse Daily Star

The Nehass trial: What the jury didn’t hear

During a jury trial, media aren’t allowed to publish discussions that take place in the courtroom when the jury isn’t present.

By Rhiannon Russell on May 25, 2015

During a jury trial, media aren’t allowed to publish discussions that take place in the courtroom when the jury isn’t present.

This is to prevent jury members from learning information that may cloud their view of the evidence before them, and jeopardize the accused’s right to a fair trial.

The two-week trial of 31-year-old Michael Nehass wrapped up Friday afternoon with guilty verdicts to three of four charges – assault with a weapon, forcible confinement and breaching probation – dating back to Dec. 21, 2011, in Watson Lake.

Nehass, who was self-represented, was acquitted of uttering threats.

The jury wasn’t present when Nehass, clearly exasperated when a woman who told police nothing happened testified in court she witnessed the violent assault, tried to enter guilty pleas.

He made a deal with Crown prosecutor Terri Kaur that would have seen him plead guilty to assault with a weapon, forcible confinement, breaching his probation and intimidation, a charge the Crown later stayed, or set aside.

“I just want to get this done with,” Nehass said. “I’m pleading guilty because I want to get out of here. I’m taking the deal to get this done today. I’m tired.”

In order to accept a guilty plea, a judge must ensure it’s being made voluntarily and that the accused understands it’s an admission to the essential elements of the offence.

Justice Scott Brooker asked Nehass if he was entering the pleas of his own free will.

Nehass laughed.

“Sure,” he said. “Yes. Why not? I just want this done. I don’t care.”

Kaur told Nehass he should only plead guilty if he committed the offence.

“I want to make sure you’re doing this for the right reason,” she told him. “One of the wrong reasons would be because you feel trapped.”

Nehass didn’t waver. After a 10-minute adjournment to allow Brooker to decide whether to accept the pleas, he rejected them.

“I just am not comfortable, in the circumstances of this case, accepting pleas on the evidence and on what I’ve heard before me,” Brooker said.

So the trial continued.

The jury didn’t hear any mention of Nehass’ criminal record, including offences he committed while in custody at the Whitehorse Correctional Centre.

Those included threatening and spitting on guards, climbing into the jail’s ceiling and causing about $30,000 in damage to the segregation unit.

He was sentenced to 21 months, time served, plus two years of probation in March.

When Kaur, Nehass and Bibhas Vaze, a lawyer appointed to assist in the proceedings, were discussing which further witnesses to call, Kaur said Kathy Bailey had been subpoenaed, but Crown court workers hadn’t been able to contact her.

Kaur said she had “concerns” about putting Bailey on the stand as a Crown witness, but if Nehass required her testimony, the judge could issue an arrest warrant if Bailey didn’t obey the subpoena.

That ended up being necessary. Bailey didn’t show up to court last Thursday or Friday, so police went to her place of employment Friday morning and brought her to court.

The Crown also subpoenaed Bailey’s ex-husband, who both the complainant, Agnes Reid, and Bailey said witnessed the assault as well. He didn’t show up to court, and both Kaur and Nehass agreed his testimony wasn’t required.

While Nehass initially faced eight charges, the Crown withdrew four because of potential overlap between them.

In a pre-trial conference before jury selection on May 11, Nehass expressed concerns that the public would be biased against him because of extensive media coverage of his case.

The Crown allowed him the rare opportunity to re-elect to a judge-alone trial that morning. He declined.

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