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economist sunsuntribune crime saturday jan 24 2004 no more jail ttbi0of1s rapist by jeff mitchell staff writer convicted rapist michael farouk will have to serve no more time in prison a superior court of ontario judge has ruled justice david stinson sen tenced the markham man convicted in november of sexual assault kidnapping and robbery to five and a half years in jail a term that was offset by the time he spent in custody awaiting his trial and sentence i hereby sentence mr farouk to time served justice stinson said friday before ordering the manbe held for an additional day as is cus tomary a clearly relieved mr farouk 23 turned in the pris oners box to smile over his shoulder at his mother meanwhile the decision was met with grim silence by police and the crown prose cutor the crown had recom mended an eightyear jail term its a disappointing sen tence said detconst jim killby ofyork regional polices sexual assault bureau it seems to reflect more conditions in jail than the gravity of the offences he committed indeed pretrial custody and the conditions under which it was served were a central aspect of the sentenc ing hearing which began in december and continued over several days in newmarket court the defence argued mr farouk who spent two and a half years in pretrial custody should be given enhanced credit for that period lawyer christopher hicks argued mr farouks pretrial custody commonly referred to as dead time was made that much more onerous because of chronic over crowding in the metro west and metro east detention centres and because of restrictions placed on prison ers during two extraordinary periods the eight- week public service strike in the spring of 2002 and the sars outbreak of2003 prisoners received fewer visits and programs and were often not able to exercise out doors during those periods mr hicks told the court he was partially successful while justice stinson allowed the- customary twoforone credit for the majority of his dead time he gave mr farouk a threeforone credit for the periods covered by sars the strike and time the man spent in segregation after being attacked by other inmates the result was a credit of five and a half years exactly the sentence the judge deemed appropriate for the crimes for which mr farouk was convicted by a jury testimony during the sentencing phase depicted a grim scenario of overcrowd ing and deprivation in some of the provinces remand centres justice stinson said the picture of the toronto west and toronto east detention centres is not a pretty one the judge said the ruling does not mean mr farouk will automatically go free he remains in custody pending a trial in peel region where he is charged with sex- ual assault in connection with an incident police allege occurred in october 2000 colin adams another of mr farouks lawyers said friday the man is now eligi ble to apply for a bail review in peel region and seek release the trial is scheduled to begin in march mr farouk was free on bail july 8 2001 when he snatched a woman off a toronto street and forced her into his car he demanded she remove her clothes threatening to kill her if she resisted court heard he drove north to markham forcing the woman to perform oral sex he stopped in a public school parking lot in markham and raped her court heard mr farouk then drove off with the womans clothes leaving her naked and unaware of where she was al injury slip fall mvacar accidents insurance litigation 9054777011 wwwminkencom law office minken associates 190 main st n unionville no payment until settlement ronald s minken sr lawyer mediator ce unpartnershipwiththeyork region newspaper croups celebration of the arts jigaro figaro figaro the barber of seville e a comedy classic by rossini in english friday february 6 2004 one show only 800 pm starring andrew tees corinne lynch eric shaw with the opera york orchestra under the music stage direction of mark dubois ticket price 30 markham theatre 9053057469 no one delivers results like we do to find out more about how to reach your target market and get die same great response from your flyer distributions as these customers call us today selected areas only inserts for saturday jan 24 2004 sears office depot grand toy zehrs kids futures david khurana stouffville ida johns tae kwon do the chemist homelife new star archanasharma sera furniture appliances i j4 si9q5 d3 icw