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The Citizen, 2003-06-25, Page 22PAGE 22. THE CITIZEN, WEDNESDAY, JUNE 25, 2003. Court news Innocent plea fails for Howick man William C. Dickert of Wroxeter stood trial before provincial court Judge R.G.E. Hunter in Wingham, June 19 on charges of having over 80 mg of alcohol in 100 ml of blood and impaired driving. The Crown’s first witness, arresting officer, Brenda Carey, testified that on July 27 at 2:22 a.m., she was in Howick Twp. when she noticed a pickup travelling in an adjacent field. The vehicle was running in the same direction as the cruiser. The officer said when she stopped to try to determine what might be going on, the truck stopped too, though the lights remained on and the engine running. A little further up the road Carey noticed a lane into the field, which she then entered. The truck, she said, moved towards her and she pulled across the drive to block it. When she approached the vehicle there were two men inside, Dickert and a passenger. Seeing a red cup in the console she inquired as to the contents. “He said there was nothing in it. When I asked him to pass it to me it smelled like whisky.” Dickert’s speech was slurred, his eyes were glassy and he had difficulty standing, said Carey, reasons to warrant an arrest for impaired driving. Throughout the arrest, the reading of his rights and the demand for a breathalizer Carey said Dickert kept saying “I’m not on the King’s highway.” Initial attempts to discuss a lawyer were similarly dismissed. “He kept saying he hadn’t done anything wrong and asking ‘When did the law change?’,” said Carey. Crown Attorney Bob Morris then had Carey read comments Dickert had made in answer to standard questions from the breathalizer technician. Asked how many drinks he had, Dickert responded, “Might have had 10 drinks, put down 20 if you want. They might have been beer or water.” To a later question regarding what he drank he said “rye and coke”. His last alcoholic beverage consumed was “when the police stopped me.” During his testimony in his own defence, the 62-year-old, who owns a construction business, said he had been working that day. He and the passenger, Brian Hastie, who occasionally helped Dickert on jobs, had been doing a job across the road from 7 a.m. until about 3 p.m. They then moved across the road to Hastie’s farm to level out a railway bed and clear brush. He stated that he had returned to his home at one point in the afternoon to pick up some things and also brought along an unopened 40-oz bottle of whisky. After a late supper the pair continued working until 1:55 a.m. Dickert said. It was then he poured a “stiff shot” of rye and coke, “probably half and half’ in a 10-oz cup. Testifying that he had worked up a thirst, Dickert estimated he consumed the drink in about three minutes, while sitting in the truck with Hastie. After mixing a second drink, Dickert saw the cruiser. When it pulled into the field, Dickert threw the whisky bottle in the back and drank the glass down in a “second or so.” The reason, he said, was “I didn’t want her to see it.” In cross examination Dickert denied driving towards the cruiser. In response to Morris’s questions regarding his comments to the breathalizer technician, the accused stated, “I didn’t care.” The accused’s wife, Kathy Dickert testified that she had done a test on the bottle and found 12 oz. missing. The key witness for the defence was a toxicologist Dr. Maurice Hirst. He said that after the two stiff drinks in the truck, Dickert, given his build (5’8”, 147 lbs.) and assuming his evidence was correct, would only have 71 or 72 mg of alcohol in 80 ml of blood, just under the legal limit, when the officer approached him. However, because of the speed with which he had consumed the drinks the blood alcohol level just five minutes later would have been 100. “It would have been rising very quickly,” said Dr. Hirst. So fast that by 3:15 to 4:13 when the actual readings were taken the levels would have been 169 and 161. The sudden increase, the doctor explained, is because Dickert would be absorbing a “fair amount of alcohol fairly quickly. In 30-40 minutes he would be getting close to 200 (mg of alcohol).” It was, Dr. Hirst agreed when questioned by the defence counsel Mr. McLean, “not the usual pattern of drinking.” “So in your opinion, assuming the evidence is correct about the time the officer approached, would Mr. Dickert have been above or below the legal limit,” said McLean. Though the doctor admitted below, Hunter countered that if the first drink had been consumed five minutes sooner he would have been above. “Absolutely,” said Dr. Hirst. In closing remarks, noting this was an “unusual case” the defence referred to the “large consumption in a short amount of time.” However, McLean re-iterated that at the time of Dickert’s first contact with the officer he would not have been over 80. “Timing is a critical factor,” he said, adding that reasonable doubt could be determined by the “unique drinking pattern.” Morris, however, said Carey’s testimony was “believable and dependable.” He also noted that Dickert’s comments after the arrest differed “strikingly” from the evidence he had given in court. Hunter agreed. While he said the remarks made to the breathalizer technician may have been the accused “trying to be smart”, the judge said he was “left in doubt how much (Dickert) had to drink that day.” “Had he consumed the number that he said, he could have ended where he said he did, but I have serious reservations about when he started.” Hunter accepted Carey’s testimony about the physical signs of impairment, stating it was a “remarkable set of co-incidences” that his symptoms could be put down to physical ailments as Dickert had Man gets jail for trafficking On June 20 a man was convicted in provincial court in Goderich for a number of charges involved in drug trafficking. Huron OPP April 16, 2002 executed a controlled substance act warrant at a residence on Hawkins Road in Ashfield in the late morning. Officers at that time discovered a large marijuana growing operation. There were 969 plants inside the home in various stages of growth and a quantity of dried processed marijuana. The value of the marijuana along with the growing equipment was valued at $493,376. During the search, ecstacy, morphine and dilaudid was also found and seized. These drugs were testified. “But even then there was no explanation for why his speech was slurred.” Finding him guilty on both counts, Hunter convicted him on impaired. The over-80 was stayed. Dickert was fined $850 and lost his licence for 12 months. He was given 30 days to pay the fine. Impaired A Belgrave man pled guilty to impaired driving. Rodney G. Cobum was charged April 11. Morris said at 12:44 am. police saw a car pull away from the curb in downtown Wingham and head south. The driver spun tires and accelerated to the point he was travelling at 85 km in a 50-km zone. When officers approached the vehicle they saw a part bottle of beer in the car. Coburn also showed physical signs of impairment and there was an odour of alcohol. The breathalizer readings were 170 and 160 mg of alcohol in 100 ml of blood. Cobum had an impaired conviction from June 18, 1993. Attorney Paul Ross admitted his client used to have a problem with alcohol, but that he had not drank for a number of years. The night in question had been a result of a stressful personal relationship. Ross said the relationship is over, and Cobum has stopped drinking. Saying his client is “otherwise a fairly responsible” person, the attorney called the situation “unfortunate” adding that Coburn “understands the gravity.” He was fined $1,200 and is off the road for a year. Cobum has six months to pay the fine. Jailed A Brussels man was sent to jail for 15 days for pointing a pellet gun at an individual. Philip Leger pled guilty to the charge which was laid Oct. 30. According to Morris the victim was a passenger in the rear of a car which passed Leger and another man on the street in Ethel around 3-4 p.m. The victim did not get along with the two and after gestures were made, Leger pointed the pellet gun towards her. Duty counsel G. MacKinnon said Leger did not realize who was in the car and thinking it was friends “fooling around, did an equally dumb stunt.” Leger’s record was submitted. Following his release from jail he is on probation for one year. He is also prohibited from owning weapons for five years. Suspended sentence Ken Warwick of RR2, Brussels was given a suspended sentence and 12 months probation after pleading guilty to assault. Warwick was charged April 3 after slapping someone during an valued at another $4,480. Officers also located $1,300 worth of stolen property. The accused James Young, 39, was arrested and had been held in custody awaiting his trail. Young was found guilty on possession of cannabis marijuana, for the purpose of trafficking, possession of cannabis marijuana, possession of morphine for the purpose of trafficking. Possession of ecstasy for the purpose of trafficking, possession of dilaudid for the purpose of trafficking and three counts of breaching probation. He received a total of three years in custody for the offences of which he has already served 14 months in jail. argument in a way defence counsel Glen Carey described as “not a roundhouse, but it was a slap.” Warwick must also take counselling and is prohibited from owning firearms for five years. Mischief A Teeswater woman pled guilty to mischief under $5,000. Andrea Cronin visited a Wingham house to try and get one of its occupants to come out and fight, said Morris. When the person refused Cronin kicked the door causing $301.11 damage. She was given a conditional discharge and placed on 12 months probation. She must also make restitution in 30 days. Assault Nicole Markowski of Blyth pled guilty to assault. Morris said a boy leaving the school at 3:35 p.m. on March 5 was accused by' Markowski of stealing from her. She shoved, pushed and punched the youth on the head, said Morris, adding that he had sustained The Brubachers of Ethel ffi-e&tauvant and fBa&wty. [ ® REAL Home-cooked meals! j I Come and try our cinnamon buns. Cj j | Mon. - Fri. 6:30 am 'til 7:30 pm; | I Sat. 8:00 am - 6:30 pm; Sun. Closed I I 887-8659 in Ethel ffh I 501* UUdditty (ItinuLUMViy Jacft <£ (ludiey Cardiff <£ family invite you to attend a celebration of their f 50th Wedding Anniversary JT Saturday, June 28, 2003 \ at the BM&G Arena in Brussels Social hour to meet the family rSf 8:00 pm to 9:00 pm J| Dancing 9:00 pm Best wishes only please minor injuries. MacKinnon said the young man had reached out and grabbed her before she punched him, but that Markowski “readily admits her actions were out of line.” She was given a conditional discharge and placed on 12 months probation. She can have no contact with the victim and is prohibited from owning firearms for a period of five years. Fraud Bruce Boyd of RR 2, Brussels was fined for issuing a bad cheque. The accused, who pled guilty, had written a cheque to the LCBO in the amount of $293.70 on a closed account. Restitution has been made. He was fined $250 which must be paid in 30 days. & 40* & t (InnteeiMvap | ? lune 29 ?