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Parole decisions shock Daly family
Two sentenced to life in prison could be out in six or seven years; another guilty man will be set free today
Bob Mitchell
Staff Reporter
Two men sentenced to life in prison for kicking Burlington student Mathew Daly to death each had their parole eligibility set today at 13 years and 12 years, respectively.
Another man who was also convicted in the brutal slaying will be set free later today.
This means Sam Nop, 24, and Fadil (Neil) Mujku, 23, who were both convicted of second-degree murder in the brutal beating death of the Burlington college student, could be out of prison in six or seven years and Stephen Papadopoulos, 26, because of a two-for-one credit for time served, will be set free later today.
Daly's family was devasated. They left a Brampton courtroom this morning shocked, angry, and feeling betrayed by Canada's legal system.
"We're not blaming the judge but there's something wrong with the legal system that is clearly broke," said Daly's uncle Pat, moments after Justice Fletcher Dawson set the parole rules for the three men convicted in the May 19, 2001, slaying of the former high school football captain.
"I can't call this a justice system. We need to change a system where somebody can get two for one (pre-trial custody credit) for his role in such a brutal crime. Why not give two years for every year of life that was taken from a beautiful and wonderful young man with his whole life ahead of him?"
Because Canadian law provides for the 2-for-1 credit, Nop — who's spent five years and nearly four months in jail — can apply for parole on Oct. 10, 2014, while Mujku can seek to be released a year earlier.
Because of the 2-for-1 credit, it means the 26-year-old Papadopoulos has served an equivalent of nearly an 11-year sentence. As a result, Justice Dawson sentenced him to one more day in jail and three-years probation, meaning he will be released this afternoon.
Daly's father Matt Sr. shook his head as he sat with his wife Jo-Ann and their sons in the courtroom as he listened to Justice Dawson deliver his sentences. The pain on his face and those of his family was palpable.
Moments later, as family members left the courtroom, Matt Sr. kicked over a garbage can in anger as he walked down a hallway.
In his emotional victim impact statement read earlier this week in the same courtroom, Matt Sr. revealed he had returned to drinking after 17 years of sobriety and was often found passed out at his son's grave, turning to booze to dull the pain and his horrific nightmares as he imagined his son's dying moments.
Daly, a first-year business student at Mohawk College, was attacked and beaten in the dark with sticks and bats within moments of leaving a high school grad party in Burlington about 3 a.m. on May 19, 2001.
A jury heard that he was beaten in retaliation for playing a prominent role with a group of his friends in the "verbally aggressive and racist" ejection of several unwanted guests, one of whom had been invited to the party that night.
Daly died several hours later from massive head injuries without ever regaining consciousness.
All three men had been charged with first-degree murder but a jury found that Papadopoulos never participated in the attack but drove some of the accused to and from the party and returned later from Hamilton with others with the intention of seeking revenge for their earlier ejection.
"The loss of a child by any means is a parent's worst nightmare," Justice Dawson told the court. "Every parent is held hostage by the fate whenever their child is away from home."
Justice Dawson described Daly's beating as "savage" and although there was no excuse for the attack, he told the court that the desire for the accused to seek revenge for being ejected was understandable although their actions weren't.
Justice Dawson berated those who called the unwanted guests "Chinks, Nip, Losers and Homos" telling the court that "they should be ashamed" of making "reprehensible racist" comments. He said most who made them likely lived a "life of privilege and comfort" compared to the lives of the accused, two of whom once lived in refugee camps in south Asia and another who grew up in war ravaged Kosovo.
He also remarked how the unwanted guests did nothing to provoke being ejected other than showing up in the party dressed primarily in red, which made invited guests uncomfortable because of the gang association to the colour.
Although a jury found Daly's murder wasn't planned in advance, Justice Dawson indicated there were elements of planning in that the attackers hid in the dark behind bushes and had scouted the area in two cars with lights off, waiting for Daly to leave the party with his girlfriend.
"It was a planned attack even if it wasn't a planned murder," Justice Dawson said. "It was carried out with precision ... blows were aimed to his head and neck ... Matthew Daly was outnumbered ... It was a concerted group attack."
Daly's girlfriend Erin Keller described the person delivering the final death blows to Daly as being a "short stocky Asian" a description Justice Dawson said "fit" Nop.
"Evidence strongly suggests Nop administered the final blows," Justice Dawson said. "... Daly lay motionless, probably unconscious, as the final hammering blows were administered."
Justice Dawson said Mujku recruited Vuthy Chak, who was earlier sentenced to life in prison for his second-degree murder conviction but because he was only 17 at the time of the crime he was given a youth sentence that carried seven years or parole ineligibility.
In looking at Papadopoulos, Justice Dawson said that he lied to police, including telling authorities that different people were with him at the party that night in order to throw police away from his friends.
He said he also "played an integral role" because he was one of the drivers that night. "He knew or ought to have known that harm would be done." Justice Dawson. "He could have chosen not to return."
But Justice Dawson gave him credit for trying to plead guilty to manslaughter at his bail hearing more than five years ago, telling the court that was a sign of remorse. He also mentioned that he was the only one of the accused who apologized to the Daly family when given the chance to say something.
A fifth person, Edin Hodzic, plead guilty to manslaughter several weeks ago and will be sentenced Feb. 13.
Two sentenced to life in prison could be out in six or seven years; another guilty man will be set free today
Bob Mitchell
Staff Reporter
Two men sentenced to life in prison for kicking Burlington student Mathew Daly to death each had their parole eligibility set today at 13 years and 12 years, respectively.
Another man who was also convicted in the brutal slaying will be set free later today.
This means Sam Nop, 24, and Fadil (Neil) Mujku, 23, who were both convicted of second-degree murder in the brutal beating death of the Burlington college student, could be out of prison in six or seven years and Stephen Papadopoulos, 26, because of a two-for-one credit for time served, will be set free later today.
Daly's family was devasated. They left a Brampton courtroom this morning shocked, angry, and feeling betrayed by Canada's legal system.
"We're not blaming the judge but there's something wrong with the legal system that is clearly broke," said Daly's uncle Pat, moments after Justice Fletcher Dawson set the parole rules for the three men convicted in the May 19, 2001, slaying of the former high school football captain.
"I can't call this a justice system. We need to change a system where somebody can get two for one (pre-trial custody credit) for his role in such a brutal crime. Why not give two years for every year of life that was taken from a beautiful and wonderful young man with his whole life ahead of him?"
Because Canadian law provides for the 2-for-1 credit, Nop — who's spent five years and nearly four months in jail — can apply for parole on Oct. 10, 2014, while Mujku can seek to be released a year earlier.
Because of the 2-for-1 credit, it means the 26-year-old Papadopoulos has served an equivalent of nearly an 11-year sentence. As a result, Justice Dawson sentenced him to one more day in jail and three-years probation, meaning he will be released this afternoon.
Daly's father Matt Sr. shook his head as he sat with his wife Jo-Ann and their sons in the courtroom as he listened to Justice Dawson deliver his sentences. The pain on his face and those of his family was palpable.
Moments later, as family members left the courtroom, Matt Sr. kicked over a garbage can in anger as he walked down a hallway.
In his emotional victim impact statement read earlier this week in the same courtroom, Matt Sr. revealed he had returned to drinking after 17 years of sobriety and was often found passed out at his son's grave, turning to booze to dull the pain and his horrific nightmares as he imagined his son's dying moments.
Daly, a first-year business student at Mohawk College, was attacked and beaten in the dark with sticks and bats within moments of leaving a high school grad party in Burlington about 3 a.m. on May 19, 2001.
A jury heard that he was beaten in retaliation for playing a prominent role with a group of his friends in the "verbally aggressive and racist" ejection of several unwanted guests, one of whom had been invited to the party that night.
Daly died several hours later from massive head injuries without ever regaining consciousness.
All three men had been charged with first-degree murder but a jury found that Papadopoulos never participated in the attack but drove some of the accused to and from the party and returned later from Hamilton with others with the intention of seeking revenge for their earlier ejection.
"The loss of a child by any means is a parent's worst nightmare," Justice Dawson told the court. "Every parent is held hostage by the fate whenever their child is away from home."
Justice Dawson described Daly's beating as "savage" and although there was no excuse for the attack, he told the court that the desire for the accused to seek revenge for being ejected was understandable although their actions weren't.
Justice Dawson berated those who called the unwanted guests "Chinks, Nip, Losers and Homos" telling the court that "they should be ashamed" of making "reprehensible racist" comments. He said most who made them likely lived a "life of privilege and comfort" compared to the lives of the accused, two of whom once lived in refugee camps in south Asia and another who grew up in war ravaged Kosovo.
He also remarked how the unwanted guests did nothing to provoke being ejected other than showing up in the party dressed primarily in red, which made invited guests uncomfortable because of the gang association to the colour.
Although a jury found Daly's murder wasn't planned in advance, Justice Dawson indicated there were elements of planning in that the attackers hid in the dark behind bushes and had scouted the area in two cars with lights off, waiting for Daly to leave the party with his girlfriend.
"It was a planned attack even if it wasn't a planned murder," Justice Dawson said. "It was carried out with precision ... blows were aimed to his head and neck ... Matthew Daly was outnumbered ... It was a concerted group attack."
Daly's girlfriend Erin Keller described the person delivering the final death blows to Daly as being a "short stocky Asian" a description Justice Dawson said "fit" Nop.
"Evidence strongly suggests Nop administered the final blows," Justice Dawson said. "... Daly lay motionless, probably unconscious, as the final hammering blows were administered."
Justice Dawson said Mujku recruited Vuthy Chak, who was earlier sentenced to life in prison for his second-degree murder conviction but because he was only 17 at the time of the crime he was given a youth sentence that carried seven years or parole ineligibility.
In looking at Papadopoulos, Justice Dawson said that he lied to police, including telling authorities that different people were with him at the party that night in order to throw police away from his friends.
He said he also "played an integral role" because he was one of the drivers that night. "He knew or ought to have known that harm would be done." Justice Dawson. "He could have chosen not to return."
But Justice Dawson gave him credit for trying to plead guilty to manslaughter at his bail hearing more than five years ago, telling the court that was a sign of remorse. He also mentioned that he was the only one of the accused who apologized to the Daly family when given the chance to say something.
A fifth person, Edin Hodzic, plead guilty to manslaughter several weeks ago and will be sentenced Feb. 13.
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