Letter of Support from the Princeton RCMP
COURT NEWS - January 17, 2005
POLICE HAVE RIGHT, JUDGE SAYS
The argument of "entrapment" was used in a trial in Provincial Court in Princeton on January 12.
Luke Kirby stood trial on an impaired driving charge, the result of being stopped by an RCMP officer after Kirby left a local drinking establishment.
Kirby's lawyer argued there had been no reason to stop Kirby except that the officer had seen him in the bar earlier in the evening and believed Kirby was impaired at that time. The lawyer argued that Kirby had been arbitrarily detained.
Judge G. Sinclair stated the police have every right to pull over any vehicle to check to see whether the driver is impaired.
Kirby was sentenced to pay a $600 fine and is prohibited from driving for one year.
JUDGE ORDERS FINE, PROBATION
Wyatt A. Fast appeared in Provincial Court in Princeton on January 12 to plead guilty to a charge of break and enter, and a further charge of failing to appear in court when required.The charge against Fast was laid as a result of Fast and another man breaking into the Hedley home of Gary Zroback with the intent to remove guns and ammunition.
They believed the owner might kill somebody as the owner had made such threats. In addition, some chickens were killed, for which Fast had no explanation.
Judge G. Sinclair ordered Fast to serve 12 months probation for the break-in and pay a $200 fine for not appearing in court when he was supposed to.
MAN AWAITS SENTENCE
In Provincial Court in Princeton on January 12, David Goulet appeared in custody to plead guilty to five charges including breach of undertaking, assault, obstruction of a peace officer and uttering a threat.Judge G. Sinclair ordered a pre-sentence report as there were substance abuse issues involved. Goulet was detained in custody pending completion of the pre-sentence report and sentencing.
JUDGE SAYS, 'IF IT WALKS LIKE A DUCK...'
Judge G. Sinclair heard all of the testimony of civilian witnesses and chose to believe it in the trial of Bernard J. Horvath, age 61, of Princeton.He stood trial in Provincial Court in Princeton on an impaired driving charge.
Horvath was involved in a motor vehicle accident on Highway 40 near Osprey Lake in August, 2004. His vehicle collided with that of John Reardon, who testified Horvath had crossed the center of the highway and sideswiped Reardon's van and camping trailer.
Reardon and three other civilian witnesses who had rushed to the scene testified that Horvath appeared to be drunk.
Horvath maintained he had only three beers over the course of six hours, then took a sip of beer after the accident. He could not remember much about the collision, but said he had hurt his head, hip and knee. His lawyer argued Horvath may have appeared drunk due to his injuries.
Judge Sinclair, after reciting the old adage that begins, "If it walks like a duck....", said he believed the four civilian witnesses who said they believed Horvath was drunk.
Horvath was sentenced to pay a $750 fine and is prohibited from driving for one year.
Province of British Columbia Criminal Court Lists
