A poacher-related court case has been tentatively thrown out, due to it taking too long to go to trial.
Judge Josiah Wood gave four people accused of poaching at Cowichan Lake, September of 2009, a judicial stay of proceedings during their Tuesday, August 30, pre-trial arguments at the Duncan Law Courts.
“The judged ended the proceedings because they had taken too long to go to court,” acting communications council Samantha Hulme said.
Judge Wood felt that the delay infers prejudice for the accused, in that it’s been hard for the accused to have had the trial over their heads for so long.
The crown is currently considering an appeal.
“That’s the end of it! It’s all over unless the council appeals, and wins the appeal,” Hulme said.
The accused include Li Bo Cao (born 1970), Jing Pu Chen (born 1964), Shang Jun Han (born 1976), and Wei Guang Wang (born 1963).
The trial took so long to go to trial for two reasons, including a change in judge and subsequent re-scheduling of a trial date, and the fact that the four accused speak Cantonese.
“Interpreters slow the trial proceedings down a bit,” Hulme said.
Charges between the four accused include unlawful possession of dead wildlife; hunting, taking, trapping, wounding, or killing wildlife out of season; and caring for or possessing a loaded firearm in a conveyance.
Other court cases
• Failing to show up for his first court appearance at the Duncan Law Courts, a bench warrant has been issued for Donald Albert Walker (born 1966).
Walker faces charges related to an alleged August 14 assault in Youbou. Specific charges include assault and uttering threats to cause death or bodily harm.
His first appearance had been scheduled for Wednesday, August 31.
• For charges related to alleged drunk driving, a trial date has been set for Andrew Scott Linklater (born 1979).
The specific charges include a March 23 incidence in Lake Cowichan of caring for or controlling a vehicle or vessel while impaired, and caring for or controlling a vehicle or vessel with a blood alcohol content of over .08.
The trial will take place May 17, 2012, following an April 17 trial confirmation hearing.
• An alleged June 3 theft of $5,000 or under in Lake Cowichan brought Sidney Lamont Joseph Goossens (born 1991) to the Duncan Law Courts, Tuesday, August 30, for a first appearance.
Goossens will next appear October 4 to make a plea.
• For an alleged June 24 breach of undertaking (breaking a court promise) charges, Brent Robert Poland (born 1988) made his first appearance at the Duncan Law Courts, Tuesday, August 30. His next appearance, during which time he’ll make a plea, will be September 27.
• A bench warrant has been issued for Michael Robert Smith (born 1983), who is charged with an alleged June 4 incident of drunk driving.
The specific charge is caring for or controlling a vehicle or vessel with a blood alcohol level of over .08, in Youbou.
Smith was to make a first appearance in courts, Tuesday, August 30.
• For charges related to an alleged August 14 assault in Lake Cowichan, Eli William Blazewicz (born 1983) made a first appearance at the Duncan Law Courts, Wednesday, August 31. Blazewicz is expected to make a plea during a subsequent September 14 appearance.
• Cassandra Lee Elliott (born 1987) is scheduled to fix a trial date, September 14, for charges related to an alleged August 19 incident of assault and unlawful confinement or imprisonment in Lake Cowichan.
Elliott made her first appearance, Tuesday, August 31.
• Alexis Sweeny Moran Harry (born 1988) made her first appearance at the Duncan Law Courts, Wednesday, August 31, to face charges related to an alleged August 15 assault in Lake Cowichan.
Her next appearance is set for September 14, during which time she’ll make a plea.
• An alleged August 13 assault in Honeymoon Bay has resulted in charges laid against Adrian Angus Mullett (born 1984).
Mullett appeared at the Duncan Law Courts, Wednesday, August 31, to appear for the first time. Mullett will next appear September 14 to make a plea.
The specific charges include both assault and the more serious assault causing bodily harm.
• A bench warrant has been issued for Donald Albert Walker (born 1966).
Walker had been set to appear at the Duncan Law Courts, Wednesday, August 31, to face charges related to an alleged August 14 assault and uttering threats to cause death or bodily harm.
Much of the information on this page is according to the Ministry of the Attorney General’s website.
