Bar manager Pollock pleads guilty to causing man's death: Recommendation that
The manager of a Front Street bar could face deportation when he is sentenced today for causing a patron's death.
Crown counsel Patrick Doherty asked Puisne Judge Norma Wade-Miller to recommend to Government that Kevin James Pollock, a British expatriate, be deported subsequent to being sentenced.
The sentencing will bring to an end over a year of legal proceedings in which 37-year-old Pollock, of West Crescent, Warwick, was accused of unlawfully killing 51-year-old Craig McGavern after he fell down stairs outside Flanagan's Pub and Restaurant on July 27, last year.
Mr. McGavern, who succumbed to serious internal head injuries in King Edward VII Memorial Hospital a day later, had fallen down steps in the Emporium Building following a scuffle with Pollock and security guards after he attempted to enter the premises after being ordered to leave.
Yesterday's scheduled re-trial was put off after Pollock changed his plea to guilty, following the changing of his indictment from manslaughter to manslaughter by negligence -- a charge regarded by defence attorney Mark Pettingill as being "lesser''.
A jury had found Pollock guilty of the original charge last April but the conviction was overturned by the Court of Appeal after it decided that Mrs.
Justice Wade-Miller had "misdirected'' the jury during the proceedings.
Asked yesterday why he had requested the amended indictment, Mr. Doherty said: "I just felt it was more appropriate.'' He explained the basis for the original trial had been to try and prove that Pollock pushed Mr. McGavern down the stairs.
"Seeing as this couldn't be proven, this new indictment was more accurate and I think it was the best course to take,'' Mr. Doherty said.
"I also think the family of the deceased is relieved that he's acknowledged responsibility and they didn't want to live through the events again.'' Pollock pleads guilty to causing man's death Mr. Doherty echoed these comments while making summations in court yesterday and also asked Mrs. Justice Wade-Miller not to impose a custodial sentence on Pollock, requesting she take into account his recent guilty plea and requests from the victim's family that he "doesn't serve any more jail time''.
Pollock served six weeks of the 15-month sentence he was given following the case's first trial in April.
But the Mr. Doherty also asked the judge to recommend to Labour Minister Paula Cox that Pollock be deported, noting: "Through the course of his employment he has caused a man's death and, as a result, he should leave.'' He added: "The family want closure of these proceedings and, as a result, they do not wish to see or hear about Mr. Pollock any more.'' Mr. Doherty said his position also was decided by the fact that several of the eyewitnesses to the events had been "profoundly affected'' and, like Mr.
McGavern's family, were "reluctant to relive the events again''.
Mr. Pettingill also expressed his desire to bring the matter to a close, adding: "Now is the time for healing.'' "This case, in which two good men came together in the most tragic of circumstances, has caused a lot of pain to both sides,'' he said.
"I'll say that Mr. Pollock has suffered through a great deal of remorse and depression in this matter for which he has undergone a period of counselling.'' Mr. Pettingill asked Mrs. Justice Wade-Miller to fully take into account Pollock's guilty plea, saying his client had "accepted responsibility for his part in what transpired'' and echoed Mr. Doherty's request that a non-custodial sentence be imposed.
And he requested that she consider that Pollock had two small children to take care of and that his work permit tenure was running out in January when deciding whether to recommend deportation or not.
Finally, Mr. Pettingill stated: "The closure of this matter will bring relief all round. Mr. Pollock wished to clear his good name but he had to balance that with all the circumstances that would have been involved in going ahead with another trial.'' Pending a re-examination of the case's particulars, Mrs. Justice Wade-Miller adjourned sentencing until this morning and Pollock was released on extended bail.
