VANCOUVER – An “unrepentant” Prince George cocaine dealer has been allowed to walk away from his conviction because the legal process took almost four years between his arrest and conviction.
In a scathing judgment, Provincial Court Judge Michael Brecknell blames a serious lack of court resources for the delay.
“The fact that an unrepentant drug dealer who has been convicted of possession of cocaine for the purpose of trafficking; and while involved in the trial of this matter has been charged with further like offences; should now be able to be free of the consequences of this very serious offence because the judicial system could not accommodate his trial within a reasonable time should alarm and concern the community,” Brecknell wrote.
“However, all citizens, even drug dealers, are entitled to the full protection of their rights under the Charter.”
Brecknell noted there are fewer Provincial Court judges now than there were on March 31, 2005.
As of March of this year, 59 per cent of the cases pending at the Provincial Court were taking longer than the 180-day limit the court has given itself to ensure an accused’s rights to a speedy trial are protected.
Acting Attorney General Shirley Bond said the case is worrisome.
“We’re always concerned when there is a stay of proceedings ruling — no matter what the specific reasons were for each individual case.”
But she said in an emailed statement that in the past two years, the ministry has appointed 14 new judges into communities across the province, including adding two in Prince George. One of those will take his seat next week.
In October, 2007, Joseph Hammer and his brother were arrested after trying to sell cocaine for cash or firearms to an undercover police officer.
Hammer’s brother, Jim Hammer, was convicted and sentenced to two years in prison on April 1, 2008.
But Joseph Hammer’s case began a years-long meander through three scheduled, then cancelled, trial dates. The case was originally only estimated to take two and a half days of court time to be heard.
Among the evidence was Hammer’s own statement outlining how he operated his drug distribution system, why he only sold powdered cocaine and his unwillingness to sell to children or pregnant women.
But Hammer’s trial was delayed over and over, once because other matters at the court were given priority, again because Hammer’s defence lawyer was ordered to finish off another trial and again over a disclosure matter.
Brecknell concluded in his ruling that the case was delayed by 42 months. Some of the delay was reasonable, he concluded, but much of it wasn’t.
He noted that in an effort to address the backlog of criminal cases, scant judicial resources were being bled from civil and family cases.
This isn’t the first case the judge has dismissed over lack of court resources.
In July, Brecknell tossed out assault charges against two men after they waited more than two years to get to court.
The shortage of B.C. provincial court judges has been in the news frequently over the last several months, with other judges complaining in their decisions about the lack of resources and warning that more offenders would be set free because of long trial delays.
Bond said extra resources are being put toward court staff such as sheriffs in an effort to speed things up, the government is “streamlining procedures and using digital technology to get people to trial quicker.”
“We need to encourage people to resolve disputes outside of court so they can be as efficient as possible and make room for those cases that require a courtroom,” Bond said in the statement.
Local news from metronews.ca/vancouver
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