Horne’s habeas corpus motion dies

SEAN McKIBBON

IQALUIT — A motion to have the conditions of Edward Horne’s incarceration prior to trial changed was abandoned because Horne’s treatment while in custody radically improved after media attention, says Horne’s lawyer, James Bryden.

His motion was adjourned “sine die” — or “without a date.”

“After the story ran in the paper [Nunatsiaq News, January 28] conditions mysteriously improved,” said Bryden.

He said this following news stories that ran after he filed a habeas corpus motion asking that Horne be given, among other things, better food, exercise and freedom from harassment and abuse by other inmates.

Testimony wrapped up this week at a preliminary hearing into 72 sex-related criminal charges that Horne is facing.

During the two-and-a-half-weeks of hearings, Horne was kept in the “drunk tank” cells of the Iqaluit RCMP detachment. A decision on what charges, if any, will be committed for trial was scheduled for Feb. 10, after Nunatsiaq News’ press-time this week.

Bryden said that with Horne’s return on Wednesday to the Yellowknife Correctional Centre to await the outcome of his preliminary hearing, his living conditions should be much better than they were at the RCMP cells in Iqaluit.

“It’s not a decent lock-up,” said Bryden.

In an affidavit filed with the motion Horne complained that he had only been fed TV dinners and Eggo waffles while being held in the cells and that he developed diarrhea and lost a considerable amount of weight as a result.

He said he had suffered death threats and verbal abuse from other prisoners, and had not been given clothes that were warm enough. He also complained of noise and of not being able to sleep.

While not all of the requests in the motion were met, there were some improvements, Bryden said.

“The food improved remarkably— he was fed with food from the correctional centre. He had magazines and newspapers made available to him. He had a lot better access to showers,” Bryden said.

“I’m not sure that it got any quieter or that it smelled any better.”

Bryden said the simple fact that Horne was in court every day also helped. However, he said it remained to be seen whether conditions at YCC will also improve.