Up front: Police offer Cowichan drivers some roundabout advice page 3 A family Christmas: Community gets ready to celebrate the season page 13
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Friday, November 28, 2014
Eleventh-hour effort pushes Dakova to new council’s plate Downtown corner development: on hold pending further review Peter W. Rusland
News Leader Pictorial
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Peter W. Rusland
Duncan Councillor Sharon Jackson has successfully lobbied to put a temporary halt to a development proposal for this city lot at the corner of Government Street and Canada Avenue, citing its importance as a gateway to downtown.
uncan councillor Sharon Jackson’s motto about allowing imposing new buildings downtown could be ‘Make a list and check it twice.’ She shared her nagging doubts with council Monday about the proposed, five-story Dakova Square residentialcommercial project, that had three rezoning readings for the Canada Avenue-Government Street corner and appeared poised for approval. But Jackson’s urging saw the outgoing council park the rezoning at fourth and final readings, pending more information. Jackson’s rezoning jitters were backed by councillors Michelle Staples and Michelle Bell, and convinced Councillor Joe Thorne to reverse his earlier support for the project. Duncan’s newly elected council will revisit the $11-million proposal by year’s end, explained incumbent Jackson. “I move we table this,” she told council, “until we have received and reviewed, at a minimum, the planning department’s considerations of: a comprehensive traffic study, reviewing
the positive and negative aspects of the proposal; a storm-water management plan, given the site’s high aquifer vulnerability; a geotechnical report; an environmental-impact report; (and) analysis of shadowing on our important Hoey Park.” Her list didn’t end there. “The proposal’s consistency and relationship with the defined street-scape, scale, building heights, and significant buildings; a proposed LEED strategy providing sufficient information for the proposal to be properly evaluated; and an independent legal opinion to determine the propriety of processing an application from a non-property owning speculator applicant,” must also be reviewed, her motion concluded. Mayor Phil Kent, who voted to rezone the Dakova, opposed the motion but was unavailable for comment by press time. City CAO Peter DeVerteuil explained the vote means staff will ready a report “considering the applicability of each item to the rezoning of the property, and whether the items have already been addressed, or are more applicable to the other stages of development approval, such as a development permit or building permit,” he states in an email. more on page 7
Crown counsel decides to go ahead with another trial in 2009 police shooting Pompeo case: Prosecution decides there is enough evidence to try again
fore the Court, I can’t go into any discussion of the underlying analysis, beyond noting that having carefully considered the circumstances, including both the trial and appellate level rulings, the Crown concluded that the charge assessment standard continued to be met for proceeding, and that it was appropriate for Crown to continue with a new trial.’’ MacKenzie added a new trial date has yet to be arranged. He anticipates an announcement in the near future. Awesome device, Pompeo was originally sentenced to two Black Friday price. years’ probation and 240 hours of community service work in December of last year. Lawyer LIMITED TIME PRICE Ravi Hira appealed the conviction on Pompeo’s behalf and the B.C. Court of Appeal Awesome device, released its decision in August to allow the
Don Bodger
News Leader Pictorial
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onst. David Pompeo is going back to court on an aggravated assault charge stemming from the September 2009 shooting of Bill Gillespie. “I can confirm that Crown will be proceeding with a new trial in this case,’’ wrote Neil MacKenzie, communications counsel for the Criminal Justice Branch, in an email to the News Leader Pictorial. vice, dewill e case omthe wesgiven “At thisApoint, again be be-
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David Pompeo leaves the Duncan courthouse last December after his sentencing in the 2009 shooting of Bill Gillespie. Pompeo successfully appealed his conviction and a new trial has been ordered. Andrew Leong/file
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appeal. The Court of Appeal set aside the conviction and remitted the matter to the Provincial Court for a new trial. Judge Josiah Wood, who presided over the first trial, is now deceased. The Court of Appeal ruling cited Judge Wood erred in excluding evidence from an expert witness called by the defence, who indicated lethal force in accordance with police protocols was necessary on the night Gillespie was stopped by police near Chemainus. “Further, the judge went beyond his proper role when he made requests that evidence be tendered and when he engaged in lengthy questioning of witnesses,’’ wrote Justice Harvey M. Groberman in his judgement.
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