In our courts
By Steve Bilodeau
The person in the robe at the front of the courtroom is not your lawyer
The accused hired and fired a number of lawyers and applied for trial adjournments on several occasions. When his last-minute attempt to adjourn his trial failed and his application for court-appointed legal counsel failed, he ended up unrepresented at his jury trial. He refused to defend himself, did not cross-examine any Crown witnesses, called no evidence and failed to follow the trial judge’s advice on possible defences. He was convicted of attempted murder and four other serious offences. He appealed the convictions saying that the judge did not do enough to help him.
THE COURT DECIDED: All the judge has to do is ensure that the accused gets a fair trial. That does not include teaching him every aspect of the law relating to the offences he is charged with before the trial begins.
Michael Alan PHILLIPS from the Alberta Court of Appeal, January 10, 2003.
Good phone manners = good police work
The police were in possession of the accused’s cell phone after his arrest. It rang, they answered and the officer pretended he was the accused. The caller engaged him in a conversation involving drug transactions. The court held that there was no violation of the accused’s rights nor was there any problem with the Crown leading the evidence as part of their case. This was nothing more than good police investigative tactics based on a fortuitous set of circumstances. The calls are admissible to show the accused’s state of mind.
Ramsum and Makarus, from the Court of Queen’s Bench, January 17, 2003.
Sexual assault victims don’t need any more hassle
The offender offered a bribe to a sexual assault victim to dissuade her from testifying against his friend, who was charged with the sexual assault. He repeated the offer ($2,000) to the victim’s mother, asking her to convince her daughter to accept the offer. The victim never accepted the offer, did testify and the man was convicted.
THE COURT DECIDED: Attempting to obstruct justice by trying to bribe a witness is a grave offence striking at the heart of the administration of justice. It is difficult enough for a sexual assault victim to come forward without this interference. A conditional sentence would not provide the necessary level of deterrence and denunciation. Sentenced to four months imprisonment.
Pritpaul ATWAL from the Provincial Court, February 10, 2003.
*For more interesting court cases see Criminal Prosecutions - Criminal Case Summaries.
