Judge goes easy on woman who attacked Ottawa senior couple so she can keep job with kids
An Ottawa judge has granted a conditional discharge for a woman who attacked her elderly neighbours in their home as they were sitting down to dinner, causing a deep gash to the man’s right forearm and extensive bruising to his wife’s right arm.
Manon Rail pleaded guilty in Ontario’s Superior Court of Justice to unlawfully entering the apartment of Margaret and Thomas Keogh. She knocked on their door on Oct. 12, 2022 and pushed her way into the couple’s home.
“She demanded the keys to the apartment that belonged to a previous tenant. When Margaret Keogh told her to leave, she refused and got physical with Mrs. Keogh before then pushing Thomas Keogh, who fell and sustained injuries to his arm which required an overnight stay at the hospital,” Justice Adriana Doyle wrote in a recent decision. “Ms. Rail then pushed Mrs. Keogh, took her purse, and fled. Ms. Keogh chased her down to retrieve her purse. Ms. Rail then left.”
The court heard Rail “was managing a rental apartment for a friend and that this happened after the tenants moved out.”
In a victim impact statement, Margaret Keogh said “this incident changed her life, as she is now 81 years old, and her relaxed lifestyle has been turned upside down by this incident; she explains that she has had many health issues since this incident including heart issues, anxiety, insomnia, and panic attacks; she has had to attend counselling to recover from this trauma; she is fearful that she may encounter Ms. Rail as they both live in the same building; and other tenants do not acknowledge their presence and hence she feels shame.”
Thomas Keogh “recalls being grabbed and thrown, and his injuries have caused him to endure two major surgeries,” said the decision. “He has lost 30 pounds, and this has affected his previously active lifestyle; he was devastated that he could not help his wife of 60 years during this incident as he was no match for the strength of the offender; he has had to attend numerous appointments for his injuries (24 visits in 8 weeks); he has scars on his arm and still bears psychological scars from the incident; and he has had psychotic episodes and experiences nightmares.”
According to Doyle, Rail’s offence has taken a “psychological toll” on the elderly couple’s “sense of stability. Their world was turned upside down and this conduct has had a serious impact on their emotional, physical, and psychological well-being. This court denounces the violence inflicted on them.”
The Crown argued unsuccessfully for a conditional sentence of one year, with Rail serving the first half on house arrest, then being subject to a curfew for the last six months, to be followed by 18 months of probation.
“The defence is requesting a conditional discharge, emphasizing that this is Ms. Rail’s first time before the courts, that she has pleaded guilty, and that a criminal record would affect her employment in the public school system. Ms. Rail currently works with children with learning disabilities,” said the judge’s decision.
Doyle found “that a fit sentence is a conditional discharge.”
As part of that, for 18 months Rail must: “keep the peace and be of good behaviour; report to a probation officer as required; advise of any change of address; follow any recommendations by the probation officer regarding counselling or support in the community; and complete 100 hours of community service, preferably with some of it working with seniors,” said the judge.
“Provided that the conditions are met, then the discharge will mean that you will not have a criminal record. However, failure to comply can result in a conviction and further sentencing.”
Doyle also ordered a 10-year weapons ban for Rail, who is to stay at least 50 metres away from the neighbours she hurt. “Given that they live in the same building, Ms. Rail must be vigilant and avoid direct contact (with) them,” said the judge.
If they spot each other in their apartment building, the judge said Rail must “immediately leave the vicinity.”
The judge also ordered Rail to pay the $90 the elderly couple had to shell out to get to hospital by ambulance.
Rail works as an educational assistant in Ottawa.
“The Ottawa Catholic School Board takes the safety and well-being of students and staff very seriously,” Sharlene Hunter, who speaks for the board, said Wednesday in an email.
“We were informed today of the court decision involving Ms. Rail, who remains employed with the board.”
Hunter would not say if Rail’s employment with the board is under review. “As this is a personnel matter, we cannot provide further details out of respect for the privacy of all involved.”
Rail’s lawyer told the court that the educational assistant’s “many letters of support demonstrate that this incident was out of character and that she has the support of her community, including her family, her friends, her employer, and her colleagues,” said the sentencing decision. “She is well respected, well liked, and has a strong social network.”
Rail is single, nearly 60 and has no criminal record, Doyle said in her decision dated Sept. 3.
The court heard Rail worked in an accounting department for five years “before returning to college to enroll in a developmental service worker program. After graduation, she obtained employment as an educational assistant at an elementary school, where she has remained until now.”
Rail “finds the job fulfilling and works well with the children,” according to her pre-sentence report. “At work, safety is an issue and she reports being hit regularly by her students. Her colleagues related that she shows compassion to the students with behavioural issues and demonstrates emotional control despite being hit regularly.”
The court heard Rail “leads a pro-social life and has a good network of supportive friends.”
Letters of support “describe her as helpful, respectful, and patient,” said Rail’s pre-sentence report. “Some letters describe her involvement in the community and relate that she is an asset at the school, as she is dependable, reliable, has a sense of humour, and stays after school to prepare further.”
According to the judge, mitigating factors in the case include Rail’s guilty plea.
“By pleading guilty and accepting the facts that resulted in the conviction, Ms. Rail took responsibility for the offence.”
Rail “has expressed remorse, and the stress has affected her own mental health,“ Doyle said.
“There is no explanation for her violent attacks on two elderly individuals who were in their own homes, where they are entitled to a high level of privacy and quiet enjoyment. An intrusion and invasion of one’s home is grave, and her motive and conduct that evening remains confusing.”
Unfortunately, said the judge, “Ms. Rail’s calmness and compassion, as set out in her letters of support, were not manifested that night when she barged into the home of the Keoghs, who were sitting down to enjoy a dinner together.”
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