Court News from Jan. 12 Print
ROBSON FLETCHER, EDITOR   
January 19, 2012


$2,000 fine for dangerous driving

A 23-year-old man received a $2,000 fine and a 90-day licence suspension after he pleaded guilty to dangerous operation of a motor vehicle and saw several other charges against him dropped.

Court heard that, at about 3 a.m. on Nov. 11, 2010, McKenzie Allan Sanger’s vehicle collided with two parked Parks Canada vehicles near Jasper and when police arrived Sanger was still trying to manoeuvre his damaged vehicle.

The Crown stated that “it was also apparent that his behaviour was influenced by alcohol consumption” but given the time of day a definitive test was not carried out to determine his blood alcohol content.

Judge John Higgerty accepted a joint submission from the Crown and defence that saw Sanger plead guilty to one charge of dangerous driving while several other charges, including impaired driving, were withdrawn.

Higgerty gave Sanger until March 10 to pay the fine.

 

‘Group leader’ pays the price for campground rowdiness

One man identified as the “group leader” of a rowdy bunch of campers was slapped with a $387 in fines for breaking the noise and alcohol rules at Snaring Campground last summer.

Erik Nikolas Mich pleaded guilty to breaking the regulations at the campground in Jasper National Park on June 25, 2011, after other campers complained about his group’s after-hours drinking and noisiness.

Court heard that Mich was identified by authorities as the leader of that group. He was issued a $250 penalty and a $137 victim fine surcharge.

 

American trucker gets $800 lesson in Parkway rules

A truck driver from the United States who claimed he wasn’t aware of the heavy-vehicle restrictions on the Icefields Parkway received an $800 fine.

Igor Lisetski entered a guilty plea to his offence under the Traffic Safety Act, saying he didn’t know he wasn’t allowed to drive his heavy truck on Highway 93.

Court heard that Listeski had taken the route after asking a stranger for directions.

 

Warrant issued in decade-old mischief case

An arrest warrant was issued for a 33-year-old man who failed to appear in court on charges relating to a case of mischief at Fairmont Jasper Park Lodge that happened more than 10 years ago.

Mark Edward Butcher was only 23 years old when he allegedly discharged fire extinguishers, “made an alarm of fire,” and caused mischief resulting in damage under $5,000 in one of the staff residences at the luxury hotel, according to court documents.

A decade later, the charges are still outstanding.

Court documents show that Butcher missed a court date in 2007 and a warrant was issued for his arrest at that time, but it was withdrawn last November on a promise that he appear in Jasper court on Jan. 12, 2012. He didn’t show up that day, either.

In response, judge John Higgerty issued what he described as a “warrant with exclamation marks for the arrest of Mr. Butcher.”

 

Major drug trial to continue in October

The trial of a man charged with trafficking cocaine began in Jasper court last week but the bulk of the case is set to be argued during five days in October.

One exhibit was entered into evidence and Thomas Jeremy Ly made a brief appearance in court on Jan. 12. Court heard that police found nine kilograms of cocaine after stopping him near Jasper and searching his vehicle.

The trial, which is expected to hear witness testimony from three police officers, was then put over to a full week in October. It is set to continue Oct. 15-19.

A trial of this length is unusual for Jasper court but judge John Higgerty noted proceeding in this manner would be more efficient than going through the Court of Queen’s Bench.

“This is the fastest way to ensure that the job gets done,” he said.

 

Conditional discharge for medical marijuana applicant

A 25-year-old woman from British Columbia, described as a “frustrated” medical marijuana applicant, was granted a conditional discharge on a drug possession charge.

Court heard that on Sept. 22, 2011, in Jasper National Park, Amber Rae Beauregard was stopped for speeding and, as “one thing led to another,” police discovered four ounces of marijuana in her vehicle.

Defence attorney Laurie Rodger told the court that Beauregard suffers from a knee problem related to a motor vehicle collision and is in the process of applying for a medical marijuana licence to help deal with her pain issues.

“She finds that using a small amount of marijuana from time to time is very useful to her,” he said. “She hopes to get into this medical marijuana program fairly soon.”

Judge John Higgerty agreed with a joint submission and granted Beauregard a discharge – meaning she will avoid a criminal record – provided she abides by a list of conditions for six months and performs 40 hours of community service.

“I can appreciate your problem and you must be frustrated with what it takes to get on this list (of approved medical marijuana users),” Higgerty told Beauregard.

“The object of this exercise,” the judge added, “is to make sure this is your one and only brush with the law.”

 

Bus operator guilty of maintenance violation

A Calgary-based bus company was issued a small fine in relation to an incident last year in which a bus driver drove away after the vehicle he was operating was placed out of service by a provincial inspector who found numerous safety violations.

Wilhelm Mair of Sunshine Coach Ltd. argued that his company followed all the proper protocols when it comes to maintenance but, after hearing nearly an hour of arguments, judge John Higgerty agreed with the Crown and found the company guilty of failing to maintain one of its vehicles to Alberta standards.

The case stems from an incident on June 9, 2011, when the bus in question was pulled over at an inspection point on Highway 93 near the Columbia Icefield.

Officer Robert Snow, who performed a mechanical inspection on the bus, testified in court that he found 13 equipment violations in the vehicle of varying severity. Several of the violations were, on their own, sufficient to place an “out of service” order on the bus, which Snow did.

After placing the order, however, Snow testified that the driver of the bus got back in the vehicle and drove away anyway, with passengers on board.

The bus ended up back at the company’s headquarters. Snow testified that, on June 13, Sunshine Coach sent a fax stating the mandated repairs had been made and then he met with Mair on June 17 to go over the repairs.

Mair argued that the bus was in good working order when it left the garage and the violations observed on June 11 could have happened during the 450 kilometres it travelled before arriving at the inspection point. The Crown contended that’s not plausible.

“When you look at all these defects, it’s just not reasonable that they all happened on that 450-kilometre trip,” said Crown attorney David Clifton.

The judge agreed, saying he “cannot accept” Mair’s claim that the bus had no observable mechanical problems before it left the depot.

Sunshine Coach was ordered to pay a penalty of $115.   

 
 

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