HomeMy WebLinkAboutThe Citizen, 1990-10-31, Page 33Judge won’t buy rights defence
An attempt by a Listowel-area
man to beat an impaired driving
charge with an argument he had
been denied his rights under the
Charter of Rights got little sym
pathy from Judge R. G. E. Hunter
in provincial court in Wingham
Oct. 24.
Defence Attorney Barbara Tuer
told Judge Hunter she would not
deny the accuracy of the breath-
alizer tests administered to Lyle
Hartung of RR 3, Listowel after he
had been stopped by Constable
Larry Yuen of the Wingham O.P.P.
on January 27 of this year. She
argued instead that Mr. Hartung
had not been given a proper chance
to consult his attorney before
taking the test.
Constable Yuen was the only
Crown witness in the case. He
recalled stopping the car driven by
Mr. Hartung at a stop sign in
Bluevale because a headlight was
burned out. He smelled the odour
of alcohol and asked Mr. Hartung
to take a test in the roadside
screening device. There were at
least five attempts made before
Mr. Hartung finally blew a suffi
cient sample for the reading,
Constable Yuen said. When he
blew a fail, Constable Yuen said,
he informed him of his right to
contact an attorney and took him
back to the Wingham town police
station for a breathalyser test.
At the station before the test was
taken Mr. Hartung wanted a
cigarette and since there was no
smoking allowed in the station
Constable Yuen stood outside in
the parking lot while he finished
the cigarette.
Ms. Tuer questioned Constable
Yuen about his carefully kept notes
of the event and how, if he had
mentioned everything else that
took place, he hadn’t noticed that
Mr. Hartung had been offered an
opportunity while at the police
station to use a telephone to contact
an attorney. She suggested that the
Constable had never made the
offer.
Mr. Hartung, testifying in his
own behalf, said he had never been
offered the use of a telephone while
at the police station. But Crown
Attorney Robert Morris asked if he
had heard the caution earlier in the
police car that he had the right to
call an attorney. Mr Hartung said
he had.
Judge Hunter interrupted to ask
Mr. Hartung if he had asked to use
Ethel
Compiled by Mrs. Margaret McMahon. Phone 887-9250
A lively group of friends, neigh
bours and relatives gathered at the
Brussels, Morris and Grey Com
munity Centre on October 26 to
honour James and Margaret Mc
Mahon on the occasion of their 25th
wedding anniversary.
Everyone was able to keep the
surprise party a secret. In fact their
daughter Michele and her fiancee
Robert were home for three days
without being detected in the area.
Nephew Bradley Hamilton was in
charge of making a video tape of
a telephone while at the police
station. Mr. Hartung said he
hadn’t. Judge Hunter asked why
not to which Mr. Hartung replied
“It never occurred to me.”
“But you did think to ask for a
smoke,” Mr. Morris said.
In summing up her argument
Ms. Tuer said her client had never
had a reasonable opportunity to
contact his counsel and this was a
violation of the Charter of Rights.
There should be some onus on the
police to facilitate the accused
contacting an attorney, she argued.
But Judge Hunter rejected the
argument saying the onus is on the
police to make the accused aware of
his right to counsel. He found Mr.
Hartung guilty and suspended his
licence for 12 months and imposed
a $750 fine.
the evening and is something to be
viewed in years to come, and will
bring back great memories of the
night.
A heartfull of pictures from the
past 25 years, decorated the wall of
the entrance to the hall and was a
vocal point of lively conversation
and laughter.
Guests attended from Brussels,
Listowel, Toronto, Wingham,
Kitchener, Guelph, Crosshill, Lin
wood, Palmerston, Londesboro,
Gorrie, Clinton, Brampton, Elmira
and the Ethel area.
THE CITIZEN, WEDNESDAY, OCTOBER 31, 1990. PAGE 33.
Supper’s on
Joan and Ross Clark fill their plates at the annual beef supper
sponsored by the Blyth United Church Friday night. Moved
from the church to the community centre this year to get more
space, the event was still jam-packed.
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