PUNCH OUT | Vernon RCMP officer is struck in the face making an arrest of intoxicated individual [A5]
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Murder suspect appears in court KATHY MICHAELS AND ROGER KNOX Black Press
RCMP PHOTO
Matthew Stephen Foerster, 26, made his first court appearance Tuesday in Kelowna in connection with the death of an Armstrong teenager.
The man charged with the Halloween slaying of Armstrong teenager Taylor Van Diest made his first court appearance Tuesday morning. Matthew Stephen Foerster, 26, appeared calm during a brief showing in the Kelowna courtroom, despite the substantial series of charges being read to him. In addition to second degree murder in connection with the Van Diest homicide, Foerster faces charges stemming from an alleged attack at a Kelowna escort agency April 12, 2005 and an alleged Cherryville home invasion Oct. 19, 2004. The former earned him charges of sexual assault with a weapon and unlawful confinement. The latter amounted to charges of break and enter, having face masked during a crime, assault causing bodily harm and unlawful confinement. Foerster’s currently being held in Kelowna cells, but will soon be transferred to Kamloops Regional Correctional Centre. From there he’ll return to court trial video link, for a May 10 court appearance. Foerster was arrested in Collingwood, Ont., last week after an exhaustive investigation into the murder of the Armstrong teen, who was found Oct. 31, 2011 fatally wounded on railway tracks near her home by friends and family. The first break in the case police shared with the public came when DNA from that scene was linked to an earlier crime at the Kelowna escort agency, and a composite drawing of the suspect was released.
Foerster’s father, Stephen Roy Foerster, 58, of Cherryville, has been charged with obstruction of justice and accessory after the fact to murder in connection with Van Diest’s death. He was arrested in his residence last Wednesday and will appear in a Vernon courtroom today. News of the arrests hit the small community of Cherryville hard. “This is terrible what has happened,” said Eugene Foisy, regional district director for Cherryville. “It’s shocking for our community, we’re just a small community, less than 1,000 people and everybody knows everybody. I’m sure it’s the same in Armstrong, and that just makes it hit all that harder. There’s good and bad in every community. My sympathy goes out to the Van Diest family and to the Armstrong community.” Police meanwhile continue to try and establish a timeline on the day and night of Van Diest’s murder, Oct. 31, 2011. “We would like to hear from anyone who has not already spoken to investigators that now may have information about any contact they had with him on Halloween night,” said Insp. Brendan Fitzpatrick, operations officer for the B.C. RCMP’s major crime section. “We would like to hear from any other witnesses who may have information regarding that night.” Police also want to establish a timeline of Foerster’s travels and activities from Dec. 2011 to the end of March 2012. Fitzpatrick asks that anybody that has information to share should call the dedicated tip line at 1-888-6884264.
City challenges Supreme Court decision on bylaw RICHARD ROLKE Morning Star Staff
Vernon taxpayers could be on the hook for almost $3 million. The B.C. Supreme Court ruled Oct. 6, 2011 that the city’s latecomer bylaw is invalid and Okanagan Land Development Corp, which built the Outback resort, is entitled to $2.8 million for installing a sewer line. “They have not complied with their obligation to the developer,” said Reinhard Burke, a Kamloops lawyer representing Okanagan Land Development. Okanagan Land began construction of the Outback in 2004 and while the developer proposed treating sewage on site, the city insisted that a sewer main be extended along Eastside Road. The size of the sewer line was based on the city’s projections for future growth in that area over 20 years. The city took over
“That’s the primary nature of the appeal.” — Dale Rintoul title of the main in 2007. Where the problem arose, says Burke, is the city should have charged a fee to all 53 benefitting properties along the sewer route, whether they connect to the line or not, so his client could be reimbursed his costs. Instead, the city’s bylaw calls for payment towards the developer when someone connects to sewer. “There is no valid bylaw so he hasn’t seen a nickel,” said Burke.
Burke says his client always expected he would recover the majority of the costs for the line. “When Vernon made my client build this line, the city identified properties that could be developed in the future. Within a year, they changed the official community plan so none of the hillside lands could be developed.” The total cost of the sewer line was $3 million and $2.8 million reflects the portion not required by the Outback for its own use. The city is appealing the October ruling and both sides will appear in Vancouver court May 7. “The city in the past has not pre-charged people (for services they may access),” said Dale Rintoul, a planner. “We wait until there is a building permit or subdivision permit application and the
ability to use the service.” Among the city’s concerns is the financial formula referenced in the October ruling. “That’s the primary nature of the appeal,” said Rintoul. If the appeal is denied, the city’s options for restitution are covering the payment itself or enacting a new latecomer bylaw for impacted properties. The Municipal Insurance Agency, which provides local governments with insurance, is monitoring the situation. “They see a possible impact on other jurisdictions,” said Rintoul. “Our bylaw is no different than many other communities.” Coun. Bob Spiers admits he is aware of the case but he would not get into specifics. “Council is briefed on all legal matters from time to time,” he said.