Editor:
As the aunt of Kenneth Yaretz Jr., who, along with Damien Marks, was murdered in April 2009 by Roy Fraser, I would like to comment on behalf of our families.
Section 7 of the Canadian Charter of Rights and Freedoms states: “Everyone has the right to life, liberty and security of the person . . . to fundamental justice.”
Fraser’s rights included his freedom for a year past the deaths of Kenni and Damien and 18 months on bail before the trial. He had the right to a speedy trial, which, by all accounts, was delayed way beyond reason, most likely by defence council, backlog of court schedules and paperwork.
Fraser had the right to have his trial by judge or jury and the benefit of time served. He had the right to apply for bail, unless already incarcerated for another crime, and he had the right to not be subjected to cruelty.
This has been mandated and stipulated by our Canadian Charter of Rights and Freedoms.
Our law gave him all the rights.
Kenni and Damien had been given only what was in the power of evidence found nearly five weeks after their deaths and their lives laid bare before the court.
They could not speak, testify or incriminate their assailant. They could not give evidence for the day of their deaths and so, unless with absolute proof, any assertions against Fraser may still have been held as false or repudiated.
Media have continually reported on Kenni’s ties with the Independent Soldiers gang and as a convicted drug dealer, yet no mention was made of Fraser’s prior convictions or illegal involvements.
Of course, this could not be stated during trial as Fraser’s right to privacy may have been violated.
But, there was no privacy for the families of Kenni and Damien.
The RCMP did a reputable job and on behalf of our families and I would like to thank them.
As for the media, I believe caution must be given when reporting to not expand or inflate on character.
Admittedly, Kenni was not a pillar of society.
He was convicted of possession of marijuana (trafficking), but was given a conditional sentence. He spent less than two months in jail upon breaching his conditional sentence. This was a young man who was led down a path of destruction and became involved with such people as Fraser.
Damien’s misfortune was to be a close friend to Kenni, following that path as well.
Their deaths and how it was caused was cruel and horrific punishment.
Kenni and Damien’s freedom to life was violated and the court/jury had the recourse and power to remedy this.
I believe the jury had to reach no other decision and, for that, our families are grateful.
Fraser sentenced these two men to death.
Once he has served his “life” sentence, he will be free, with limited supervision, to carry on.
His 2.5 years of incarceration most likely will be two-for-one credit, his sentences are concurrent and he had 18 months of limited freedom on bail while our families waited.
However, these are the harshest sentences our laws allow. At least for that, our families again are grateful.
As the judge stated when sentencing Fraser: “These were unspeakable acts . . .”
Kenni and Damien were and remain significant as sons, brothers, nephews, cousins and friends.
They deserved no less than the basest of fundamental justice.
Name held by request of
letter writer for safety concerns
