Tuesday, October 24, 2006

Trial delayed by mix up

By Scott NeufeldTuesday, October 24, 2006, http://www.dailycourier.ca/article_646.php
The opening day in the trial of a Vernon man charged in the death of Const. Glen Evely took a wrong turn on Monday.Michael O’Brien, 25, was mistakenly transported to the Lower Mainland forcing his trial to be delayed until Tuesday.O’Brien was then expected to arrive in Vernon by 2:30 p.m. However, Justice Alison Beames suggested that the trial be adjourned until Tuesday. She said that the delay may be made up by having longer court days or shortening lunch hour.“He should be here before we do anything substantive in this case,” Beames said.William Mastop, O’Brien’s lawyer said it’s not the first time his client has been taken for an unnecessary trip. When scheduled for his first appearance in court, Mastop said O’Brien was driven from Prince George to Vernon even though he could have appeared by video. He said O’Brien will now be taken directly to Vernon.“My understanding is that Corrections, for whatever reason, decided to send him down to North Fraser Pre-trial (in Port Coquitlam),” he said. “From what I understand they hadn’t told anybody about this.”In another twist O’Brien was mistakenly released in Dec. 2004 from the Kamloops Regional Corrections Centre. A house by house search, Canada-wide arrest warrant and public tips led to his capture in Calgary.The B.C. Attorney General’s office was unable to determine before press time exactly why O’Brien wound up in the wrong part of the province. A spokesperson did say that the trip was part of a regular prisoner transfer and resulted in no additional expense for taxpayers.O’Brien has been charged with four offences, including criminal negligence causing death, after a stolen truck rammed into a police cruiser in Nov. 2004. Auxiliary Const. Glen Evely was killed in the crash and Const. Frank Grenier suffered serious injury.When the trial resumes today, Mastop said he expects to make several admissions about the facts of the case. He said the admissions will mean that fewer witnesses will have to be called to the stand.Before the delay, the trial was expected to last two weeks with 41 witnesses scheduled to give testimony. Mastop said that one admission would be that O’Brien was at the wheel of the stolen vehicle that hit the police cruiser. However, Mastop said O’Brien will contest that the charge of criminal negligence causing death carries a maximum penalty of life imprisonment. “The issue is whether it’s a matter of dangerous driving or criminal negligence,” he said.Dangerous driving carries with it a maximum penalty of five years in prison.

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