| March 8, 2006 |
Former Estevan mayor John Empey, 66, will come before a judge again on March 16.
Saskatchewan's attorney general filed documents with the Court of Appeal in January to increase the sentence of the three-term mayor.
The appeal is now scheduled to be heard in the higher court, where the Crown hopes Empey's sentence will be overturned in favour of a heftier punishment.
The voice of the prosecution will change, as Saskatchewan Justice spokeman Andrew Dinsmore said a different prosecutor handles the Crown's appeals.
When Empey's case appears in the Regina courtroom, Lane Wiegers will be responsible for seeking a lengthier sentence.
Empey pleaded guilty to one count of sexual assault, for a continual series on a young female who cannot be identified through a court order. He was given an 18-month jail sentence in an Estevan court in Dec. 15.
At the time, Crown prosecutor Bill Burge was seeking a penitentiary term of roughly three years.
Empey's defence lawyer, Regina-based Aaron Fox, asked the court for a conditional sentence that would allow Empey to serve his time within the community.
Fox will continue to represent Empey in the appeal hearing.
"The Crown's appeal should be dismissed," he said in an interview Monday, adding that the factors of the case were already taken into account during Empey's original sentencing.
Fox declined further comment, calling the sentence appeal "fairly routine."
Empey was sentenced after information presented in court indicated that the assaults, for which he pled guilty, started in the mid 1970s and continued over the next 10 years. They involved sexual touching, but not intercourse. The victim is now in her mid-30s.
Empey, a local businessman, spent more than 20 years working in civic politics, joining city council in 1981. He served two terms as mayor of Estevan from 1988 to 1995, and from 2003 to 2005. He resigned his position in March 2005 after the RCMP laid sexual assault charges.
(Erin Morrison is a journalism student at the University of Regina)