Nova Scotia

Family of Cape Breton man pleased victim impact statements will be heard in person after all

Family members of Stephen Rose are happy Nova Scotia Supreme Court Justice Joshua Arnold has changed his mind and will hear victim impact statements in Rose's death in court in person rather than by way of a virtual hearing.

N.S. Supreme Court Justice Joshua Arnold changed his mind after initially proposing a virtual hearing

An Indigenous man with a long black beard, thin moustache, silver earring and wearing a heavy jacket and denim cap smiles.
Family members of Stephen Rose, who died brutally in Sydney, N.S., nearly five years ago, are pleased one of his killers will be in court in person to hear victim impact statements. (Submitted by Katie Laybolt)

The family of a Cape Breton man who was gruesomely killed nearly five years ago in Sydney, N.S., is pleased their victim impact statements will be heard in Nova Scotia Supreme Court in person after all.

Joseph Evong and Jessica Anne MacDonald have pleaded guilty to manslaughter after Stephen Rose was stabbed 147 times and strangled in November 2019.

Family members were upset last week when they learned Evong and several court officials would only be present by video call to hear their victim impact statements.

After Justice Joshua Arnold changed his mind on Tuesday and postponed the readings until December, when everyone will be in court physically, Stephen Rose's cousin Colleen Rose said Evong needs to hear and see the impact the killing has had.

"It makes the world of a difference to sit down with somebody eye to eye as [compared to having] them on a video screen," she said outside the courtroom in Sydney. "They could be off in their own world, whereas when you're making eye contact with somebody, it makes the world of a difference."

Rose said the family was prepared to go ahead with Evong's virtual hearing, if necessary.

"Either way, he's going to know how badly this impacted our families, how badly it impacted so many people. There's thousands of people that were impacted by this and it was a horrific thing."

During a brief adjournment hearing Tuesday, Arnold said only some of the victim impact statements would have been read aloud this week and he was told the family wanted to have them all done at the same time, with everyone present in court.

He said two days had been set aside in December for Evong's final sentencing hearing, but he was able to add a third day, making it easier to have all the victim statements read together.

Relative Katie Laybolt, who was told the hearing would not go ahead Tuesday, said in an email the family is "happy to see this gross mistake of the justice system has been corrected and the dates of victim impact statements changed back to when Evong will actually be sentenced and present in the courtroom, giving these heartbreaking statements the intended effect."

However, she added, "These statements never should have been expected or even requested to be held in a virtual capacity.

"They had five years to work out their scheduling conflicts. Being there in person is the least we expect of the lawyers and the accused, for them to sit in the same room as us and feel the grief of this tragedy we all still very much live with."

'Their points are meaningful,' says Crown

Crown attorney Gerald MacDonald says the move makes sense, especially for the family.

"Their points about making that presentation in person are meaningful, so I'm pleased that the court has found this time so that we can accommodate everyone."

Evong's sentencing is scheduled for Dec. 11-13.

Jessica Anne MacDonald, whose case is separate from Evong's, is scheduled for sentencing in court next week.

MORE TOP STORIES

ABOUT THE AUTHOR

Tom Ayers

Reporter/Editor

Tom Ayers has been a reporter and editor for 38 years. He has spent the last 20 covering Cape Breton and Nova Scotia stories. You can reach him at tom.ayers@cbc.ca.

Add some “good” to your morning and evening.

Get the latest top stories from across Nova Scotia in your inbox every weekday.

...

The next issue of CBC Nova Scotia newsletter will soon be in your inbox.

Discover all CBC newsletters in the Subscription Centre.opens new window

This site is protected by reCAPTCHA and the Google Privacy Policy and Google Terms of Service apply.