WARNING: This story contains graphic content that may disturb some readers
On Friday, a Prince Albert judge dismissed an application for Leslie Black to set aside his guilty plea in the Marlene Bird attack.
Leslie Black was present in court when Judge Harradence delivered the ruling which leaves Black with no other options but to proceed to sentencing for his guilty plea of attempted murder.
The plea was related to the attack on Bird in downtown Prince Albert on June 1, 2014 that left her so deeply cut and burned that both her legs needed to be amputated. She also needed multiple skin grafts.
Black had been aiming to strike the guilty plea he made in April of 2015, from the court record.
He retained new defence council, Brent Little, and earlier this year they proceeded to an expungement hearing.
At the hearing, Judge Harradence heard defence arguments that Black never admitted to intending to kill Bird, and that Black didn’t know the possible consequences of his guilty plea.
Little argued that Black had not been aware of the potential consequences of his plea, especially in regards to a dangerous offender application made by the Crown prosecutor.
In fact, Black testified that if he had known about this action, he would not have entered a guilty plea on the charge at all.
Based on evidence from three different sources, in Judge Harradence’s written decision he says “I do not believe the accused’s testimony is reliable as it relates to the dangerous offender application.”
The question of whether Black was sufficiently informed was a tough one, but Harradence decided that Black made a “conscious and voluntary decision to plead guilty for reasons that were appropriate to him.”
Harradence points out that Black had met with his former lawyer, Adam Masiowski eight or nine different times over the course of several months, before coming to his decision to admit he intended to kill Marlene Bird that night.
Harradence goes on to say, “He may now be questioning his decision, but in my view, there is nothing in the evidence that would suggest his guilty plea is invalid or should be set aside.”
The agreed statement of facts that will be admitted during sentencing, include an admission by Black that around 4:55 a.m. on June 1, 2014 he was with Bird and the two got into a heated argument. Black attacked her and left her unconscious.
“While Marlene Bird was incapacitated, as a result of the physical assault occasioned upon her, Leslie Black used a lighter to light her clothing on fire,” the statement of facts reads.
It also addresses the issue of intent.
“During the physical assault, and the act of using a lighter to ignite her clothing, Leslie Black was so infuriated because of the argument they were engaged in, that he intended his actions to cause Marlene Bird’s death.”
With the expungement ruling now rendered, the Crown prosecutor must decide if it will continue proceedings to have Black found a dangerous offender, or not.
The court also needs to determine which judge will be involved in the sentencing.
Some of those procedural steps will be discussed when Black’s case returns to court next week.