A video of an interview a Prince George firefighter accused of possessing a stolen jet boat gave to police was aired in Prince George provincial court on Friday but whether it can be used as evidence against him remains a question.
Testifying on his own behalf Friday after the 65-minute exchange with lead investigator Cst. Jamie Baker was shown, Benjamin Taffy Williams, 39, said he would not have talked to police if he knew it was within his rights.
Williams maintained that the only legal advice he had access to following his arrest was a 30-second phone call with a legal aid lawyer. Under cross examination from Crown prosecutor Cassandra Malfair, Williams agreed he was told he did not have to say anything to police.
However, Williams maintained he did not quite understand what that meant because he didn't get to ask any followup questions and called the entire experience a "whirlwind."
"Believe me, if I would've known that I could have told those guys that this isn't happening, that I want to speak to a lawyer right now before anything else happens, I would have," Williams said. "I didn't know that was my right, I had no clue how this process worked."
Records indicate he was talking to Baker in a police interview room about six minutes after finishing the phone call. At the outset of the interview, Williams told Baker he was to "speak to legal aid or something before I talk to you" then asked if that was a "technicality or something." Baker responded that "well yes, you asked for a lawyer, you spoke to a lawyer," and after raising the concern again, Williams went on to say he wanted to talk to Baker "as long as you don't write anything down."
Baker replied that everything said in the interview room is recorded via video camera and microphone and went on to tell him the purpose was to find out why Williams got pulled over. Shortly after police called his home during the morning of May 1, 2011 to say there is 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.
After some prodding by Baker, Williams said he bought the craft from a fellow firefighter, Jeremy Kostyshyn, whose trial on nine stolen property-related charges is set to go Dec. 17, and that he purchased it for $9,500.
Williams agreed with Baker that it was a good deal and admitted Kostyshyn did not give him a bill of sale with his name on it for the transaction, but contended he had no idea it had been stolen particularly since he had bought it from a co-worker.
"Jeremy seemed like a good guy and he had a good boat and who else would you rather buy it from?" Williams said.
As for his decision to try to drive away with the boat after police called his home, Williams said he panicked because any doubt he had that the boat had been stolen was now gone.
"I'd never been in that situation before... I was like, I need this boat out of here and figure this out before they come and this happens," Williams said on the video. "I should have known you guys were down the road."
In giving her opening statement on Thursday, Malfair said the issue was whether Williams knew the boat was stolen or exercised "willful blindness" in that respect. Either way, he would be guilty of possession of stolen property over $5,000, she submitted.
The video and the testimony were part of a "voir dire" or trial within a trial to determine if the video can be admitted as evidence. Because it is a trial by judge alone, there is no ban on publication of the testimony until the trial is over as would be the case with a jury trial.
The trial before provincial court judge Reginald Harris is expected to last two more days that are still to be set.
Williams remains a member of Prince George Fire Rescue.
Williams' parents continued to attend the trial Friday as they did the day before. Williams is the son of now-retired NHL player Dave "Tiger" Williams.
