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THE CITIZEN, THURSDAY, JANUARY 26, 2006. PAGE 19.
Man guilty of assault waits in jail for sentencing
, Judge R.G.E. Hunter had high
praise for two witnesses who took the
stand to testify against a man accused
of assault causing bodily harm in
Wingham's provincial court, Jan. 19.
Referring to both men as "excellent
witnesses", Hunter said, "It is
unfortunate that there are not more,
people like them in cases like this."
The case in question dates back to
Sept. 8. The first witness called by
attorney for the Crown Perry Hill, was
a neighbour of the accused, Paul
Gerald Martin of Wroxeter. He
testified that he had been awakened
around midnight by a man yelling and
a woman screaming.
The witness stated he couldn't hear
was was being said, but felt he should
investigate because of the "nature of
the screams. It sounded like someone
was being beaten or something tragic
was happening."
The man stated that as he neared
Martin's property, some 25 yards
back, he saw the victim face down in
the "man door" of Martin's shop with
him kneeling over her. He said the
victim was crying. "I was shocked
when I saw what was going on."
He said that he called out to the
woman and asked her if she was
alright. "They both looked at me.
(Martin) zipped back into the shop
and she ran towards her own house
(which is in the vicinity)." At this
point, he said, he could see that she
had blood on her face and clothes.
He said he returned to his home to
call police, then came back outside to
await their arrival. While he was
talking to police the victim who had
returned in the meantime, came out of
the accused's residence. She had
A Clinton woman was sentenced
to house arrest after the presentation
of a pre-sentence report in
Wingham's provincial court, Jan. 19,
The report prepared for Beth
Clarke who pled guilty in November
to trafficking cocaine, showed a
woman who has taken significant
steps to turn her life around.
Attorney for the Crown Perry Hill
said that Clarke and a male co-
accused had a meeting with an
individual, who turned out to be an
RCMP undercover agent, Feb. 22 to
sell him a quantity of cocaine.
According to the evidence given
by Hill, the accused took part in
weighing the cocaine, pouring it into
a bag, handing it to the officer and
taking the $260 for 8.5 grams of
cocaine.
The analysis of the drug showed it
to be 93 per cent pure.
Federal Crown Mike Donnelly
said that a joint submission had been
reached for a conditional sentence of
nine months. This was after
involvement with both the RCMP
and OPP who felt that Clarke had
done everything she could to
extricate herself from the people she
had been involved with.
Defence counsel noted that the
accused stayed at a women's shelter
for six weeks and has received
counselling. He described her past as
one characterized by negative
relationships with men, and said that
since this incident she has become
very involved in church and
community.
"She is in the process of turning
her life around and I believe she is
doing a good job of that."
Hunter sentenced her to nine months
conditional. She must be in her
residence at all times except to report
to the probation officer, for any reason
given by the probation officer, for
medical purposes or from noon until 3
p.m. Saturday for shopping. She must
reside in premises recommended by
the probation officer and receive
counselling.
Following her sentence Clarke will
changed her clothes and her face was
"all cleaned up", he said.
"I spoke to her and she seemed
more concerned with Paul than with
herself. She just said, 'I'm fine, I'm
fine, I'm fine' and brushed me off."
Defence counsel Quinn Ross
questioned the witness on his history
with Martin. "I suggest there had been
a problem with noise in the past, it had
disturbed you. Had you had enough?"
"I would say," the witness
answered.
"So your intention was to call the
police no matter what was going on?"
"I wouldn't say that."
Ross wondered if the blood could
have been mud and questioned
whether the witness could see when it
was so dark. "I know the difference
between mud and blood and when I
spoke to her, when she ran out towards
me I did get a clear look."
The Crown's second witness was
another neighbour, who lived upstairs
in the building next door to Martin.
He also said he had been awakened
around midnight by yelling. Looking
out the window he said he saw the
victim in a car with the door open and
Martin standing outside. He testified
that Martin was calling the victim
names and "hit her two or three
times".
The accused, he stated, then pulled
the victim out of the car. "He was still
yelling at her. He wanted to know
where she'd been, why she hadn't
called. She was saying she didn't have
a phone."
According to the witness, the
accused hit the victim again. He noted
that he was certain some of the blows
caught her in the face. He also
serve 18 months probation. She is
prohibited from owning weapons for
10 years.
OVER 80
An RR2, Blyth man pled guilty to
driving with over 80 mg of alcohol
in 100 ml of blood.
Peter John Hoonard was arrested
in Blyth Aug. 6.
According to Hill the accused had
stopped at the scene of an accident.
While speaking to him, the officer
noted an odour of alcohol and other
signs of impairment. He also
admitted to having something to
drink, said Hill.
Breathalizer readings were 140
and 130 mg of alcohol in 100 ml of
blood.
The accused has no record.
He was fined $750 and his licence
has been suspended for one year. He
was given six months to pay the fine.
DRUNK DRIVING
Steven John Collinson of St.
Thomas pled guilty to driving with
over 80 mg of alcohol in 100 ml of
blood.
Hill said two officers stopped
Collinson in Wingham for a
Highway Traffic Act offence. Noting
signs of impairment they requested
the driver take a roadside test, which
he failed.
The breathalizer readings taken
later were 112 and 102 mg of
alcohol in 100 ml of blood.
He was fined $600 which he was
given eight months to pay. His
licence has been suspended for 12
months.
PROBATION
A Guelph man was placed on
Continued on page 20
The Brubachers of Ethel
Restaurant & Bakery
testified that the victim was kicked by
the accused two or three times before
he walked away, still hollering
accusations at her.
The witness said he assumed the
victim would leave at this point, but
she didn't. "He walked back towards
her and hit her again and that's when
she fell to the ground. He grabbed her
by the top and started dragging her to
the front of the garage. She was saying
his name, pleading for him to stop.
That's when I went to call 911."
"If anyone had been driving by they
would have swore she was being
raped."
Ross wondered if it wasn't possible
that the accused was helping her out
of the car rather than hitting her. He
also questioned whether the couple's
fighting had bothered the witness on
previous occasions. "At different
times," he answered.
Const. Dana Stecho testified that
she had responded to a call around
midnight that night. She said at the
victim's residence she observed two
little -pools of blood at the side door
and more on the grass. As the victim
wasn't home, they went looking for
her. Checking her vehiclein front of
Martin's shop, they found blood
inside and approximately 12 metres
up from the vehicle outside.
When they met up with the victim
Stecho said her nose appeared to be
deformed and puffy. "It was obviously
very swollen and not the proper
shape." She also said she noticed a
scrape on the victim's arm.
"I told her we were there to help her
and she asked us to leave."
The first defence witness was a
friend of the accused. He said that he
and the victim had gone to pick up
beer and bring it back to Martin's.
However, they stopped off at a bar to
celebrate her birthday. He stated that
the victim was quite drunk and when
they got back to Wroxeter, Martin's
doors were locked. The victim, he
said, tried to get in the back way, over
a fence and afterwards "looked as if
she'd taken a tumble."
He said that Martin came out of the
house and - there was an argument
when he tried to take the keys away
from the victim. "She was screaming
and yelling 'a bit."
Under cross examination, the
witness admitted that he had left about
10:30 p.m. for Barrie, so didn't know
what might have happened after.
Hill wondered if Martin wasn't
perhaps upset that she and the witness
had been in the bar together for an
hour. "I would hope not," said the
witness.
The accused testified that he had
gone to bed when the pair didn't
return and that the victim had often
come in the back way. He explained
the injuries as being the result of a fall.
Hill pressured Martin to admit that
he was angry the pair hadn't come
straight back with the beer. Martin
said he wasn't but may have yelled at
her and called her names. "Do you
normally yell and scream even when
you're not upset?" asked Hill.
"Yes, you can ask anyone on the
main street of Wroxeter."
Hill then asked the accused to
explain the motive for the two Crown
witnesses. "Are you telling us they -
have walked deliberately into this
courtroom and told us one huge pack
of lies:'
Asked about the name calling and
why he would do this if not angry,
Martin responded, "You should hear
what I call some of the vehicles I work
on."
Hill also wondered why if the
defense witness and Martin were such
good friends he would let him get in
the car to drive but tried to stop the
victim.
And while Martin could explain
away the blood in the parking area as
having happened when someone
broke a window at his place Aug. 24
in an act of mischief, he had no
explanation for the blood in the car or
on the victim's doorstep.
The victim testified that she and the
accused had a volatile relationship and
backed up his claim that he was
simply trying to keep her from
driving. She said she was the one who
was angry believing that he was with
someone else in his house' when she
returned from getting beer. "There's a
little tramp in town after Paul so I
figured she was there."
Hill pointed out that her memory
might not be what it should be if she
was as drunk as she claimed. Stating
that the Crown witnesses were sober
he wondered what her explanation
was for their testimony.
The victim said the first witness
"has it in for Paul" while the second
"wants to go out with me."
"So each has a motive for lying?"
countered Hill.
"That's right."
"The officer," responded the
attorney, "and I hope she doesn't have
any motives, found blood in the car,
beside the car and at your home."
The victim said the blood in the car
and at her home might have been a
result of the scrapes from falling over
the fence, while the blood beside the
car was from the person who cut
themselves breaking the window
weeks earlier.
In summation, Ross said that the
Crown witness had "had enough of
the noise and this tumultuous
relationship. I believe they embellised
their testimony in the hopes of ending
their own woes."
Ross also stated that the defence
had not met the burdens of proof
beyond reasonable doubt.
Hunter did agree that there was no
direct evidence to bodily harm, but
convicted Martin on assault.
Yet while he had nothing.but praise
for the Crown witnesses he was less
complimentary of the defence
witnesses. Regarding the accused, the
judge stated, "I don't think I've heard
a worse witness in my 25 years on the
bench. He is an unmitigated liar,
totally without belief."
The victim he said, was there to
defend the accused. "The police are
out there looking after her well- being
and she's telling them to leave."
He agreed that while the abrasions
may have been caused in a fall, "there
is not the slightest doubt in niy mind
that the accused was dragging her,
punching her. She's defending him,
he's a liar and so it she."
In asking for the accused's record,
Hunter was told by Hill that it is
"lengthy. The most disturbing fact is
there are five assault convictions,
including one causing bodily harm.
There is also a recent conviction for
sexual interference for which the
accused is currently on probation."
As a result of the judge's finding in
this trial, Martin is also guilty of
breaching his probation.
Ross asked that sentencing be
delayed until the February court so
that a pre-sentence report could be'
prepared.
"Fine, but your client is in custody
until then," said Hunter.
Woman gets house arrest