Crowded courts confound justice system

Don Plant  2010-12-15 Kelowna Daily Courier:
Kelowna‘s courts are bursting with cases that force costly delays and cause untold frustration, says Vancouver lawyer Dan Geller.  Judge Ellen Burdett had to postpone the three-day trial of Geller‘s client, a man charged with trafficking and weapons offences, because her courtroom was overbooked on Tuesday.  Steven Michael Herman, who police arrested in a high-stakes take-down in March, has sat behind bars for nine months. He should have a trial sooner than suspects out on bail, Geller said. Instead, a man charged with sexual assault more than two years ago bumped Geller‘s trial out of the courtroom.  "It should be the judge‘s responsibility to ensure defendants deal with these cases in a timely fashion, especially when they‘re in custody," Geller said.  "These are major cases involving serious crimes with numerous, highly paid police officers sitting around court twiddling their thumbs."

Lawyers have complained for years about a backlog of cases at the Kelowna Law Courts. The province just appointed Meg Shaw to the Penticton bench, so the complement of provincial-court judges in the Okanagan is full.  Yet, the shortage of court time persists. Defendants out of custody usually wait a year for a one-day trial. Complex cases require longer intervals.  "These matters get stacked," said Kelowna lawyer Joe Gordon. "I‘ve heard from other lawyers who practise in Prince George and the Lower Mainland that Kelowna is the most choked up, the most screwed up."  Geller said Kelowna has too few judges, prosecutors and court staff. The shortage is costing the taxpayer and taking police officers off the road unnecessarily. He brought in three defence witnesses for the trial, including an inmate at Kamloops jail and a witness from outside B.C.  "This situation would be considered grave and unacceptable in the Lower Mainland but appears to be pass as normal in Kelowna."

Herman, 29, must pay a lawyer again to defend him and it may not be Geller, who has a health problem. There‘s no word on when the new trial is scheduled.  Herman will get out of custody before then. Even though he was denied bail twice in the last nine months, Geller convinced the court Tuesday to release Herman on grounds that his trial was scrubbed.  RCMP officers clad in body armour and helmets fired a stun grenade when they swooped in on a condo unit in Discovery Bay last March. They arrested Herman within reach of a loaded .22-calibre revolver and nabbed two women. Herman is banned from possessing firearms for life.  Police searched two units and found three ounces of crystal meth, half an ounce of powdered cocaine, 1.5 ounces of crack cocaine, ecstasy and a large amount of steroids. They also seized a bulletproof vest, $25,000 cash and a stolen computer.  One of the women, Dianna Gazeley, was scheduled for trial Monday with Herman. She pleaded guilty to possessing a stolen video-game system and was fined $250.  Judge Gale Sinclair released Herman on a $100,000 bond. He must stay out of Kelowna, obey an overnight curfew and live at 170 Perkins Cres. in Penticton. A call to Administrative Judge Allan Betton was not returned on Tuesday.