Wednesday October 9, 2013 www.saobserver.net $1.25 GST Included
Delays could toss trial
Fatal speedboat crash: Defence considers application for dismissal.
By martha Wickett OBSeRVeR STAFF
Time may become a crucial factor in the court case involving a fatal boat crash in 2010 on Shuswap lake. during a pretrial conference last week, Ken Walker, defence lawyer for the accused, leon Michael Reinbrecht, said he might apply to have the charges thrown out because of time delays. Reinbrecht stands charged with criminal negligence causing death and criminal negligence causing bodily harm, following the crash in Magna Bay on July 3, 2010 that left an 18-foot campion Runabout speedboat fully embedded inside the cabin of a houseboat. The owner and operator of the houseboat, 53-year-old Kenneth William (Kenny) Brown of chase, was killed in the crash. eight other people were taken to hospital in Kamloops, where two remained for treatment and six were released the next day. The crash took place as boats were leaving the bay following the annual canada day weekend fireworks display. crown counsel don Mann confirms that at the pretrial conference, defence counsel indicated “they may be bringing a charter application related to that (time delays)… They were just advising us and the court.” Reinbrecht was charged in december 2011 following a 17-month investigation carried out by the chase RcMP detachment with the assistance of investigators from Transport canada and the Bc coroners Service. The decision regarding charges took 17 months because of the copious quantities of evidence to sift through, police said. More recently, the trial date was pushed back from September of this year until January of next in order for the defendant to try to secure legal aid funding. If an application under the charter of Rights and Freedoms is made to drop the charges, both sides would present their arguments and evidence regarding the delays and a judge would be asked to decide. The trial is set for Jan. 6, 2014.
James murray/OBSeRVeR
Bountiful harvest
Vineyard worker Cara Paula pours a bucket of freshly picked grapes into a collection bin Friday afternoon during this year’s harvest at Larch Hills Winery. Grape growers across the Okanagan and Shuswap are expecting an abundant payoff thanks to a long spell of warm, dry weather this summer.
Willy’s Wharf appeal stalls By martha Wickett OBSeRVeR STAFF
An appeal of a decision involving a marina in canoe has been dismissed because of missing money. In the Bc court of Appeal in Vancouver on June 18, Justice nicole Garson had ruled that Willy’s Wharf Inc. and clare’s cove Marina ltd. must post a total of $32,000 – $12,000 as security for the costs of the appeal as well as $20,000 for security for the judgment in the original trial. On Sept. 13 in the Bc court of Appeal in Vancouver, Jus-
This week Downtown is getting more colourful with the addition of some new operations. See A4. One minute made a big difference to the SilverBacks this weekend. See why on A23.
tice John Hall dismissed the action because the required securities had not been posted. Writes Hall in his reasons for judgment: “The time for posting the ordered security expired over one month ago and no security has been posted. I gathered from what Mr. MacIsaac stated at the hearing that it was most unlikely security could or would be posted. Given this situation, it appears clear to me that it should be ordered that this appeal ought to stand dismissed as abandoned by reason of
the failure to post the required security. That disposes of the appeal…” The appeal followed a decision on April 2 in Bc Supreme court in Kamloops, when Justice Geoff Barrow ruled against clare’s cove Marina ltd., Willy’s Wharf Inc., Jiro Adventures ltd. and William MacIsaac, who were claiming more than $2 million in damages from the city of Salmon Arm and Brooke Jackson downs law firm. The lawsuit arose from a failed attempt by MacIsaac and the companies he controls to pur-
chase and redevelop the marina. Involved was city-owned land on 75th Avenue ne, which runs along the lake side of canoe Beach drive and the railway tracks, as well as an aquatic lease. MacIsaac had envisioned expanding the 72 boat-slip limit at the site to 200. MacIsaac’s claims against the city included breach of contract and negligent misrepresentation. He told the Observer previously that restrictions the city placed on a new lease were not business friendly.
Index Opinion ....................... A6 View Point .................. A7 Life & Times ............. A18 Sports................A19-A23 Arts & Events ... A24-A26 Time Out................... A28 Vol. 106, No. 41, 48 pages