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Pair acquitted of kidnapping but convicted of unlawful confinement |
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Written by
Citizen staff
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Monday, 05 January 2009 |
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Prince George provincial court judge Karen Walker also convicted Marchand of common assault for pulling the hair of the complainant as she hurried upstairs in a home in the 2200 block of Victoria Street to make good her escape.
However, the judge acquitted Berar of the assault charge against him.
The trial was adjourned to the judicial case manager to fix a date for sentencing.
Late in the morning of March 12 a vehicle left a home on Ahbau Street known to be Berar's home. Police followed it to Marchand's home in the 2200 block of Victoria Street, where she was in the business of selling cocaine, court heard during the trial. A young woman was in trouble because of some slip-up in regard to transactions in the drug trade, court heard during the proceedings last month.
An RCMP officer testified he was in in unmarked car in the 2200 block of Victoria Street that morning when a young woman ran up to the vehicle and wanted to get in. He said during the trial the woman was in a state of panic, had a bloody lip, said her head hurt and was holding the back of her head.
Judge Walker said Monday the Crown had been put in a difficult position by the fact the complainant, the young woman, could not be found to testify in the trial. Crown counsel then had to rely solely on the testimony of police officers and other witnesses to try to develop a viable case.
About the kidnapping charge, Walker said actions by the accused in connection with the car moving from the Ahbau Street residence to the Victoria Street home aroused suspicion. However, there were discrepancies in the testimony of some civilian witnesses, Walker said. The judge then cited a court case in which another B.C. judge had ruled a very high standard for circumstantial evidence is required before a kidnapping conviction can be made out. When Walker acquitted both Berar and Marchand on this charge, there were exclamations of delight in the gallery.
The judge went on, however, to say there was enough evidence to prove that the complainant was not free to leave either residence. The complainant was also assaulted by Marchand as she moved to escape the Victoria Street residence, Walker said. "She pulled the complainant's hair as she tried to leave," the judge said.
Evidence was too incomplete to also convict Berar of assault, and she acquitted him of that charge. The complainant had a fat lip and other injuries, but there was insufficient detail from evidence entered in the trial to determine whether those injuries might have been sustained earlier before the complainant encountered Berar and Marchand on the day in question, court heard.
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Brandon Lory De Biasio of Prince George was sentenced Monday to one day in jail and the equivalent of 59 days of time served on pleading guilty to his role in the theft of a large pickup with a skidoo on back last Jan. 22.
De Biasio, 19 also pleaded guilty to possession of 1.3 grams of cocaine on the same date, attempted theft of a trailer on Feb. 5, to two counts of breach of recognizance and to one count of failure to report to a bail supervisor.
De Biasio, 19, faces two years of probation. Conditions include a requirement to seek counselling for drug and alcohol abuse, possibly to include residential treatment, and to avoid contact with the co-accused in the truck theft.
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Charles Roger West, 50, was sentenced Monday to one day in jail and the equivalent of six days of time served for theft under $5,000.
A year of probation will follow.
On June 8 he stole a bottle of Listerine from the Overwaitea in Fort St. James. On Sept. 2 he breached bail terms by consuming alcohol.
"In my experience, only hard-core alcoholics drink Listerine," said Prince George provincial court judge Darrell O'Byrne.
West was picked up over the weekend. He received double credit for the three days he was deemed to have served since then.
Probation conditions include a ban on consumption of alcohol and a requirement to stay out of the grocery store unless he first approaches the store manager and shows him a copy of the probation order.
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Charlene Marion Barks, 58, has been fined $1,000 and prohibited from driving for one year on pleading guilty to having care and control over a vehicle while over .08 on Nov. 23.
A victim services surcharge of $150 is also applicable. The total amount of $1,150 is payable on or before Aug. 28.
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The trial for Timothy Shawn Preddy, 43 -- charged with 11 counts including aggravated assault, assault causing bodily harm and unlawful confinement -- has been scheduled for Feb. 4, 5 and 6 in Valemount provincial court.
Charges arose from incidents in Valemount Aug. 9.
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The trial for Kaylan Stefan Rodney Olson, 27, Roger Lee Plant, 37, and Stefan James Wallington, 20 -- charged with unlawful confinement, aggravated assault and assault causing bodily harm -- was adjourned until today.
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Last Updated ( Monday, 05 January 2009 )
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