Tuesday May 22, 2012



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Mountie can testify from Ontario by video, judge declares

There is no reason to require an RCMP officer to fly from Ontario — or endure a six-day Greyhound bus trip — in order for him to attend a trial here, a judge ruled Thursday.

Dustin Allan is charged with failure to provide a breath sample. He was charged in Logan Lake. His trial is scheduled for Merritt, the usual place where Logan Lake matters are heard. There is no provincial court in Logan Lake.

Prosecutor Will Burrows applied to the court to change the venue of the trial from Merritt to Kamloops in order to allow the investigating officer — who is now stationed in Ontario — to testify by way of video. There are no video facilities in the courthouse in Merritt.

The defence opposed the application.

Burrows told the court the Crown estimated it would cost $1,500 to have the officer fly here for the trial. A cheaper option was also suggested — Greyhound bus — but Burrows said the bus takes three days each way.

Judge Stephen Harrison said there is no need to make the officer endure such a journey nor should the taxpayer be on the hook for the cost of a flight when technology can solve the dilemma.

“In this modern era and going forward, we will undoubtedly need to adjust ourselves to use modern technology when it is in the interest of justice,” he said. “The taxpayers’ dollars are under siege. There is a significant savings to be had if this case goes by way of video evidence.”

Lawyers often oppose requests to have important witnesses testify by video because it has long been accepted it can be harder to cross-examine a person when they are not present in the courtroom.

Canada’s courts, however, are coming around to the idea witnesses can be examined thoroughly by video, Harrison said, referring to recent court decisions that allowed testimony by video.

(Kamloops Daily News)


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