The Parole Board of Canada has revoked the statutory release for a man who has failed a drug test while serving a federal sentence for setting a fire that led to the death of a noted member of Prince George's Sikh community.
Frank William Edward Marion tested positive for amphetamine, methamphetamine, cocaine and a metabolite of cocaine, according to a parole board appeal division decision issued January 22.
Marion had appealed a panel's decision in September to put him back in custody, claiming in part that the teas he consumes as part of his raw vegan diet could have been the reason for the outcome.
Members of appeal division dismissed the finding outright.
"It is highly unlikely that a raw vegan diet would produce detectable amounts of amphetamine, methamphetamine, cocaine and metabolite-benzoylecgonine in a test sample, even if you were consuming hemp-based products," the members said.
Marion also claimed one of the substances was for a medication prescribed to him but a pharmacist "clearly indicated" that none of those medications could account for the finding.
The outcome of the drug test was not the only reason Marion's release was revoked.
The panel cited "deteriorating patterns of behaviour while on statutory release, your noncompliance with rules and breaches of imposed special conditions, and your ongoing mental health needs."
Marion was sentenced in July 2014 to a further six years and three months for a January 2012 house fire and the subsequent death of Jagdev Singh Jawanda, 85.
Marion was renting the second floor of the three-story house at 2772 Merritt Rd. where Jawanda lived and was the landlord.
Firefighters found a jerry can holding gas in Marion's bedroom and a tank of propane in the suite's oven. Had the propane detonated, the house would have "gone off like a bomb," the court had heard during the trial.
A retired math teacher, Jawanda was described as a deeply religious man who dedicated his life to education and helping others. His death meant he was never able to see his five-week-old grandson, the court heard at sentencing.
A psychiatrist concluded Marion did not meet the criteria for certification under the Mental Health Act. Although Marion experienced psychotic symptoms in the past, the psychiatrist found they were largely a function of his substance abuse.
In passing sentence, B.C. Supreme Court Justice Ron Tindale called Marion's actions a "horrible and senseless crime."
