CORNWALL – A South Stormont man accused of possessing and distributing child pornography is having second thoughts about pleading to the charges.
That’s according to his lawyer, who appeared in a Cornwall court late last month.
Kevin Dockery, 53, faces one count of accessing, one count of making available, two counts of possession and one count of distributing child pornography.
“There’s a possibility…I don’t really know what went on when he plead guilty. But he’s expressed some desire to look into the issue of striking his plea. I don’t know whether that’s going to happen or not,” defence lawyer Robert Miller told court March 29.
Dockery has been scheduled for sentencing that day.
Miller explained he had been hired by Dockery since November 2021 but had not done a lot of work on the file. He has limited his workload after being hospitalized with COVID.
Miller requested two months to get up to speed on the file, including ordering of transcripts.
Judge Diane Lahaie granted one month where Miller would give a status update on his progress “and whether the transcripts have been ordered and what your timeline is to bring either an application to strike the plea or to make sentencing submissions.”
Miller also asked the court to split the two sets of charges Dockery is facing.
Dockery is also charged with arson, assault and killing or injuring animals after his McPhail Road home caught fire in November 2021.
“I think they should be separated for the time being,” Miller said. “If there’s a possibility of resolution we can look at maybe marrying them (the cases) up at a later time.”
Acting Crown attorney Alexandre Simard was okay with the request, which was granted by Lahaie.
The arson allegations will be heard in remand court on April 19.
The child pornography charges – Lahaie is seized with hearing the case – will be heard April 29 for the status check.