Inmate gets extra time for falsely accusing BCC guard

An inmate who falsely accused a guard of punching him at the Brandon Correctional Centre was sentenced to two extra months in custody.

Samuel Hanska, 38, pleaded guilty to public mischief in Brandon provincial court on Wednesday.

The Crown asked the court to impose a nine-month sentence, while defence argued that anywhere from a suspended sentence to four months in custody would be more appropriate.

Crown attorney Sarah Kok read the facts that led to Hanska’s charge.

Kok said Hanska is currently serving a sentence for robbery and theft of a motor vehicle, and his early release date is in July — providing he is of good behaviour.

On April 24, 2025, an officer with the Brandon Police Service’s Major Crimes Section received a report that a correctional officer assaulted an inmate. The officer went to BCC and obtained a statement from Hanska.

Hanska alleged that on April 23, 2025, he was in a meeting with a correctional mental-health nurse when a correctional officer, who he specifically named, punched him in the back, Kok said.

Police received video surveillance from BCC, which Kok played in court, showing Hanska in a private room with a mental-health nurse and several correctional guards standing nearby ready to escort Hanska back to his room.

“(The guard) motions with his hand that they needed to leave the room. It’s possible that (he) may have briefly touched Mr. Hanska’s back, but certainly, there was never any kind of punch,” Kok said.

She said Hanska confirmed there was no other incident and this was the alleged assault.

The correctional officer provided BPS with an incident report, in which he said Hanska was being “disrespectful and swearing” at the nurse, prompting her to conclude the interview.

“Mr. Hanska began challenging staff members and … he ultimately needed to be escorted back to his cell,” Kok said. “We have footage of him within the correctional centre. He’s yelling at correctional guards.”

She said he yelled at the guards not to touch him and that he was going to get them fired.

After police reviewed the video footage and notes from the involved correctional officers, Hanska was arrested.

The matter was originally set down for trial, but Kok said it was resolved a couple weeks ago after Hanska reviewed the video footage again.

Kok said Hanska’s guilty plea is mitigating, despite it coming late in the court process, but said the list of aggravating factors is lengthier.

She pointed out that Hanska was awaiting sentencing for more serious charges when he made the allegations, that he has a lengthy criminal record and that he appeared to “not appreciate the seriousness of the charge and the potential consequences on the correctional officer.”

The guard’s “employment was potentially put at risk, and he was questioned about a serious incident that he knew wasn’t accurate,” she said. “The very nature of this accusation itself is serious, as Mr. Hanska tried to implicate an innocent person.”

She said the investigation into Hanska’s allegation took roughly one month.

Defence lawyer Norman Sims said his client alleged he was previously assaulted off camera by correctional officers in October 2024 and sustained a broken eye socket, which damaged his eyesight, as a result.

Sims said he made a complaint to police, but the Crown decided not to prosecute the two guards Hanska alleged were involved.

Because of this alleged assault, Sims said Hanska suffered “psychological problems” and he has been hypersensitive about his safety, causing him to overreact. He added that Hanska has chosen to stay in segregation since October 2024 out of fear for his safety.

Sims said Hanska has spent his time in custody drawing, reading and studying the Bible.

Hanska has significant Gladue factors, Sims said, including that he was in Child and Family Service’s care from the age of nine and faced verbal and physical abuse from his parents, who, like himself, struggled with alcohol abuse.

“He overreacted to the situation, and he apologizes for that … He very much regrets it,” Sims said.

When given a chance to speak, Hanska apologized for making the false allegation and said he wants to be back home with his children.

“I apologize for everything I’ve done,” he said. “I take full responsibility.”

Judge Rachel Rusen said the sentence she imposed needed to send a message of deterrence to Hanska — but more importantly, the public — that “this type of offending and accusing innocent people of crimes … will not be tolerated.”

She said the Crown’s suggested sentence was too long and sentenced Hanska to 60 days in custody, to be served consecutively with the sentence he is currently serving.

» sanderson@brandonsun.com