Lawyers for homeless serial killer John Paul Ostamas have filed a lawsuit in the county Supreme Court seeking to have his sentence reviewed in light of a recent Supreme Court ruling in Canada that rejected a so-called “conditional stacking” charge. Ostamas, now 45, was sentenced in 2016 to three consecutive terms of life without the possibility of 25 years in prison for the murders of Miles Monias, Stony Stanley Bushie and Donald Collins in April 2015. The term essentially meant that Ostamas would die behind the railings. If the Manitoba Court of Appeal agrees to hear his case and change his sentence, he will be entitled to parole until 2040 instead of 2090. “I just want to point out to everyone that it just means he can apply for parole – it does not mean he will get it,” Ostama’s defense lawyer Ryan Amy said in an interview Sunday. The victims, who were homeless and randomly selected, were attacked by Ostamas separately in the center of Winnipeg. They were drunk and could not defend themselves, the court said.
Successive life sentences harsh and unusual
By a unanimous decision in May, the Supreme Court rejected Article 745.51 of the Penal Code. It was enacted by the Conservative government of Steven Harper in 2011 and gave judges the power to combine the eligibility of parole in cases of multiple charges for first- and second-degree murder. Writing on behalf of the court, Chief Justice Richard Wagner found that the law was harsh and unusual punishment. Court records show that documents related to the appeal in the Ostamas case were filed in the Manitoba Court of Appeal late last week. The first hearing date is due on Thursday. Amy says she expects the court to hear the case and grant Ostama’s request in light of what the Supreme Court has said. “The Supreme Court has made it clear that 75 years is unconstitutional. It has the right to appeal to have the sentence reduced,” Amy said. In an unusual twist, the sentence imposed on Ostamas by Court of Queen’s Bench Judge Vic Toews was jointly proposed in court by the Crown and then-Ostamas lawyer Greg Brodsky. Toews was blunt in its assessment of the killings shortly before approving the lawyers’ recommendation and condemning what became the largest prison sentence in Manitoba history. “Not only is the nature of the crimes one of the most serious … the circumstances surrounding their commission are tantamount to three cold-blooded murders committed with savage barbarism,” he said. “These three homeless and vulnerable victims were sought after by Ostama and killed in the most horrific way imaginable.” At the time it was imposed, some legal experts warned that Ostama’s sentence could be deemed unconstitutional due to its length. At the time of the Supreme Court’s ruling, Federal Justice Minister David Lametti said the government would look into it carefully. He said the Liberal government had supported a judge’s discretion to impose a longer waiting period for eligibility for parole.
RAW: Defense attorney Greg Brodsky explains reasons for John Paul Ostamas pleading guilty
John Paul Ostamas has pleaded guilty to killing three homeless people in downtown Winnipeg.
