BUSINESS
CUISINE
WILL DEAN of Kelowna earns a spot on Canada’s national rowing team in the men’s four competition.
CAMELOT Vineyard rekindles the storied time of King Arthur by hosting the annual Medieval Fair on Saturday.
JUDES’ KITCHEN explores the different spices and seasonal ingredients in Syrian cuisine as written about in a new book, Flavours Of Aleppo.
A11
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Retirement & Assisted
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TUESDAY August 13, 2013 The Central Okanagan’s Best-Read Newspaper www.kelownacapnews.com
Conviction upheld by appeal court
▼ KELOWNA
Council backs DKA budget hike
Cheryl Wierda
CONTRIBUTOR
A former West Kelowna man who was stopped by a spike belt after stealing a number of vehicles back in 2011 has lost his appeal. Raymond Frederick Gilliland argued that his Charter rights had been violated and submitted that the trial judge erred by dismissing his application for a stay of proceedings, the Court of Appeal summarized in a decision posted online on Friday. However, the Court of Appeal disagreed with Gilliland, saying that stays of proceedings are “rarely” granted and the judge’s verdict was “reasonable.” The charges that give rise to the appeal date back to the early morning hours of May 30, 2011, when a utility trailer was stolen from a Rutland Road home and three ride-on lawn tractors were taken from a business’s locked compound. Police soon spotted the stolen items, but when they tried to pull over the truck—also stolen—hauling the purloined items, it accelerated away, the Court of Appeal said in its decision. The vehicle was eventually stopped using a spike belt in Vernon. Gilliland represented himself at his appeal and argued, as he had at trial, that his Charter rights had been violated because he was not allowed to make submissions at his bail hearing (where he was represented by a lawyer) and because he was not taken to a scheduled neuropsychological appointment when he was detained in custody. He also argued that because he was taken from Vernon to Kelowna, the provincial trial court in Kelowna had no jurisdiction to try him. The trial judge did not find that those allegations were borne out in the evidence, but did agree that another allegation—the late disclosure of a police officer’s notes—was founded. However, because the information had already been repeated in a report to Crown counsel, which was initially given to Gilliland shortly after his arrest, the judge found it did not amount to a case where a stay of proceedings was warranted. The B.C. Court of Appeal agreed with the judge’s findings. See Appeal A8
Alistair Waters ASSISTANT EDITOR
WADE PATERSON/CAPITAL NEWS
FREE RIDE…Maisy Ross, 2, waves from up high Saturday as James Johnson entertained visitors of
the Downtown Kelowna Block Party put on by the Downtown Kelowna Association on Saturday. See story and more photos on A4.
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Downtown Kelowna businesses are looking at a steep increase in the levy they pay to fund the Downtown Kelowna Business Improvement Area. That follows city council’s decision Monday to allow a renewal of the Business Improvement Area’s agreement for another five-years. Under the plan, presented to council Monday by Downtown Kelowna Association officials, BIA members will face a 15 per cent increase next year, followed by three per cent increases in each of the following two years, and 3.5 per cent increases in both 2017 and 2018. The total increase over the five years will be just over 30 per cent. Peggy Athans, executive director of the Downtown Kelowna Association, said the large increase next year will go to help pay for added security personnel downtown and more street-cleaning
See DKA A5
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