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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. 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