A provincial court judge will decide Thursday whether a statement a Prince George firefighter accused of possessing a stolen jet boat is admissible in court.
Benjamin Taffy Williams, 39, appeared before court Tuesday as his lawyer argued Williams' charter rights had been violated because police failed to properly inform Williams of his right to a lawyer.
At issue is the video of the statement Williams gave to police May 1, 2013 when he was arrested on a charge of possessing stolen property over $5,000.
Court already heard the 65-minute exchange during the first two days of trial in October, but the video and testimony were part of a "voir dire" or trial within a trial to determine if the video can be admitted as evidence.
Defence lawyer Peter Wilson argued a short conversation with Legal Aid didn't provide adequate legal advice or explain the right to remain silent and that Williams was denied his right to choose a lawyer and instead steered by police to take a call from Legal Aid on a phone that could not dial out.
Williams previously said he would not have talked to the police if he knew his rights. Shortly after police called his home during the morning of May 1, 2013 to say there was a stolen jet on his 6600-block Bench Drive property and arranged a visit, Williams was seen driving away with the boat in tow. Police pulled him over a short time later.
Wilson questioned arresting officer Cst. Jamie Baker's credibility, arguing that Baker and Williams had "fundamentally different" testimonies.
"The two of them can't coexist."
While Baker told the court he gave Williams a list of lawyers in the Yellow Pages and called Legal Aid at Williams' request, Williams disputes that ever happened.
"His evidence about it is fuzzy," said Wilson of Baker. "None of those events are described in any of those documents he prepared. His credibility is seriously undermined."
But Crown prosecutor Cassandra Malfair, said Baker's actions at the roadside arrest show he was following procedure. When Williams started talking, Baker advised him to wait until they got to the police station and he'd spoken to a lawyer.
"It seems incongruous that he's so careful roadside then gets to the detachment and completely drops the ball, doesn't ask him who he wants to call, doesn't give him a list of lawyers, doesn't ask him if he's satisfied with legal advice - doesn't follow any of his standard practices."
Both sides agreed Williams didn't request a lawyer by name. When WIlliams left the police station he called his dad, who is the now-retired NHL player Dave "Tiger" Williams, who advised his son to call Wilson, who would have advised him not to talk to police.
Malfair said there was no breach of Williams' charter rights, and even if the judge finds a breach occurred, he should consider that it wouldn't have changed Williams' statement to police.
"(Williams) wants to talk. He wants to leave satisfied Cst. Baker that he's a good guy and his reputation is intact," she said. "He didn't want to remain silent. He wanted to talk his way out of the situation."
Baker and Williams knew each other from from playing hockey in a pickup league. Wilson said the judge should take Williams' panicked state at the time of his arrest as well as his belief that his best interests would be looked out for because of that friendship, when considering the admissibility of his statement to police.
Williams is scheduled to appear again before provincial court judge Reginald Harris Thursday, where Harris will make his decision on the evidence and the trial is expected to continue.
The case against the man he allegedly bought the boat from, Jeremy Matthew Kostyshyn, a former firefighter, remains before the court
--with files from Mark Nielsen
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