The URL can be used to link to this page

Home My WebLink AboutThe Citizen, 1989-11-29, Page 24PAGE 24. THE CITIZEN, WEDNESDAY, NOVEMBER 29, 1989. Witnesses fail to convince judge man wasn’t driving An Auburn-area man will be sentenced January 24 for driving while his licence was under suspen sion after being found guilty in Provincial Court in Wingham, Wednesday. David J. Franken, R.R. 2, Au burn had claimed during his trial before Judge R. G. E. Hunter that he had not been driving the truck stopped by police after a stag and doe party in Bluevale on July 31, 1988. x Constable Ken Balzer of the Wingham Detachment of the On tario Provincial Police stated that he was sitting in an unmarked police cruiser at Tolton Motors in Bluevale waiting for people to leave the party in the Bluevale hall. He said he heard tire squealing and saw three vehicles come to a comer and stop: two pickups and a white Camaro. The front pickup, he said, was a dark colour and from it he saw a man and then a woman get out of the driver’s side and go back to talk to the occupant of the second truck. When they got back into the vehicle, the woman got in first through the driver’s door followed by the man, he said. The two trucks then went through Bluevale and out into Morris township, he said. The Constable testified he caught up with the second of the vehicles, the lighter coloured truck and using his flashing light, got it to pull over. As he talked to the occupant, Tom Franken, the other truck went ahead, then turned and came back, driving slowly. He hailed the driver and made a motion to stop. Constable Balzer stated that with both the flashlight he was carrying and the lights of the stopped vehicle, he could see that the driver of the second truck was a man and a woman passenger was on the other side of the seat. He said the truck didn’t stop immediately but went down the road about 1000 feet before stopp ing. By the time he reached the truck, he said, there was a woman behind the wheel. The man, David Franken, was asked for his owner ship and drivers licence but inform ed the officer that his licence was under suspension from a June 1988 conviction for impaired driving. He was charged later with driv ing while his licence was under suspension although only a High way Traffic Act charge was laid at the time. Defence attorney Michael Don nelly questioned Constable Balzer as to whether he could really tell if it was a man and not a woman who was driving given the fact the vehicle was moving and he was looking into the headlights of the oncoming vehicle. Constable Bal zer argued, however that the truck was only moving at 10-15 miles per hour as it approached and he felt it was going to stop until the driver realized it was a police officer who was signalling it to stop. He had time enough to see that it was a man at the wheel, he said. Mr. Franken, testifying in his own behalf said he had been drinking at the party but his girlfriend, Lisa Noble, was doing the driving for him. He said they had actually been behind his brother Tom as they approached the corner and had flashed their lights to get him to stop so they could tell him about a shortcut through the backroads to home. After leaving the corner they pulled ahead of Tom to lead the way home, David Franken said. Later when they saw Tom’s truck stop on the backroad, he said, Lisa went to the next intersection, turned around and came back to see why. When they realized it was a police officer who was stopping them Lisa stopped about 60 feet away, he said. They had hardly stopped when the police officer appeared at the side of the vehicle, he claimed. Ms. Noble, of Belgrave, corro borated most of the story but later, under cross-examination by Crown Attorney Robert Morris about the white Camaro, said the vehicles had made two stops, once at the comer as described by David Franken and once earlier when she, David and Tom Franken had all gotton out of their vehicles to talk to the driver of the Camaro. Tom Franken told the same story as his brother. Neither mentioned the white Camaro. When question ed by Mr. Morris on the subject, Tom Franken said he didn’t re member any white Camaro and didn’t recall David and Lisa getting out of their vehicle to talk to him. In his summation Mr. Donnelly said there was a question of the credibility of the police officer’s identification of the driver given “the very short time’’ he had to see as the vehicle approached him. There was also the evidence given by the three defence witnesses that Lisa Noble was driving, he said'. Judge Hunter asked what about the evidence of the vehicles stopp ing at the stop sign and the order in which people got out of the vehicle but Mr. Donnelly said he couldn’t comment on that. Judge Hunter said he was satis fied beyond a reasonable doubt that Mr. Franken was indeed driving the car. He said Constable Balzer had two opportunities to see that the driver was male. He said he felt the reason the truck Western Star hosts meeting Past Grand Master John Broad foot chaired a meeting of 49 lodge members from Huron and Perth districts. The purpose of the meeting was to collect ideas on the direction the Oddfellows Lodge should take as it moves through the 90’s into the 21st Century. Thousands of Items For Sale this Christmas continued after it was hailed by the officer waS so that the occupants could switch places. Sentencing was postponed until January 24 after Mr. Franken, through Mr. Donnelly, told the court he would be laid off from his construction work in January and would prefer to serve his jail sentence at that time. Judge Hun ter had been prepared to sentence him to a 60 day term to be served on weekends. Judge Hunter re minded him that his licence was under automatic suspension as of that day. =< T 3/4% ‘ALL INVESTMENTS I GUARANTEED 4 INSURED I | .FUNDS TRANSFERABLE VU CHARTER BANK 4 Larry's Car Oiling By appointment only 523-4701 or 523-4993 •CORROSION CONTROL COATING •DRIP AND NO DRIP OIL Business and Professional Directory Henry F. Exel Construction RESIDENTIAL, AGRICULTURAL, COMMERCIAL Brussels 887-6561 D&J CONSTRUCTION ^^GeneraT" Carpentry •Roofing •New Buildings & Renovations DOUG MACHAN 887-9345 JIM MCDONALD 887-9607 D MARSHALL DECORATING PAINT*PAPER*DRYWALL\ AIRLESSSPRAYING SWIRL&TEXTURECEILINGS Phone:523-9220 Box 336, Blyth Lyle & Darryl Youngblut Plumbing and Heating BLYTH - 523-9585 TRIPPLE T SMALL ENGINE SALES AND SERVICE CHAINSAW SHARPENINGj $300 cnriens NEW HOURS: MON.-SAT.9-5PM Located behi nd B&G Electric BRUSSELS 887-9627 DAVIES ACCOUNTING SERVICES -complete income tax service -over 15 years experience -confidentiality assured -reasonable rates -personal, farm, small business -computerized bookkeeping and accounting -financial statements, cash flows, payroll, etc. JOHN DAVIES 887-9595 Cal Burke Electric Ltd Electrical Contractors •Home •Farm •Commercial •Industrial Wingham 357-2450 In emergency call - 357-1884 or 887-9387 or 523-9488 Over 40 years built by quality & service CLINTON PLUMBING & HEATING P.O. Box 803 CLINTON 482-3892 ♦ p TtD MORAN MECHANICAL LTD DISC JOCKEY SERVICES MUSIC FOR ALL OCCASIONS •Country »Rock •Polkas •Waltzes BRUCE VINCENT 523-4465 •Plumbing •Heating •Sheet Metal •AirConditioning*High Efficiency Furnaces 380Wallace Ave. N. Listowel, 291-1251 40 The Square Goderich, 524-2677 Wingham, 357-3231 Pannell Ken* n MacGUivray Chartered Accountants Frank Workman Electric 20 years serving Brussels &area • Farm •Home •Commercial R.R. 3, BRUSSELS 887-6867 LECOMTE CARPENTRY LTD. General Contractor of ... GENERAL CARPENTRY •ROOFING •DRYWALL •RENOVATIONS •ADDITIONS & NEW BUILDINGS MA—3- s * 526-7183 191 Josephine St WINGHAM 357 2904 Looking for a buyer ? It's classified to the rescue! CALL CITIZEN BUSINESS DIRECTORY AT 523-4792 OR 887-9114 24 HOURS A DAY