INSIDE: Medicinal pot users feeling persecuted by B.C.’s mayors Pg. 3 T H U R S D A Y
February 16, 2012
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Justice delayed, justice denied?
BY TYLER OLSEN tolsen@chilliwacktimes.com
A
Chilliwack man found guilty of drinking and driving will escape punishment for his crime after a judge threw out the case because it took too long to conclude. Wilfred Friesen was found guilty last June of impaired driving and driving with a blood alcohol level greater than .08. But in a decision given in late January and since released online,
Backlog of cases in Chilliwack courthouse sees man convicted of drunk driving get off scot-free
Judge Wendy Young ruled that “the overall length of trial delay . . . justifies an inquiry into its reasonableness.” She wrote the delay, “when looked at in total . . . leads me to conclude that the accused is entitled to a judicial stay of proceedings.” Friesen was first charged more than four years ago, on Nov. 16,
2007. His trial began a year later, on Nov. 18, 2008. But it was soon delayed for nearly six months as lawyers worked through the ramifications of new legislation passed by Parliament in July of 2008. In May of 2009, the trial was further delayed as lawyers waited for a decision in a similar case which could have impacted Friesen’s trial.
In October of 2009, the defence told the court that “delay would now become an issue,” as the case was again adjourned. A month later, the trial was scheduled to resume in May of 2010. As that date approached, defence lawyer Philip Riddell told the court that “the matter was becoming stressful for the accused.” In the
meantime, Riddell continued to seek disclosure of relevant information from Crown and defence. On Nov. 15, 2010, nearly three years after Fr iesen was first charged, the Crown closed its case. On April 12, the defence rested its case. Friesen was finally found guilty on July 19, 2011, after which a stay of proceedings was entered on the second count of driving with a blood alcohol level greater than .08 See COURT, Page 20
49-yearold man killed by train BY TYLER OLSEN tolsen@chilliwacktimes.com
A
RCMP officers removed the body of a man hit by a CN freight train just west of the Young Road railway crossing early Wednesday morning.
Cornelia Naylor/TIMES
49-year-old Chilliwack man was killed early Wednesday morning when he was struck by a westbound train just west of the Young Road railway crossing. Mounties say they received a call at 5:24 a.m that a pedestrian had been hit. “At this point in the investigation it is not appearing to look suspicious,” said RCMP Cpl. Tammy Hollingsworth. “This clearly is a tragic accident.” The name of the victim is known, but was not been released by press time as police had yet to notify next of kin. Railway crossings were closed at Young Road and Broadway Avenue as the RCMP and CN Police investigated the incident. The roads reopened around 9 a.m.
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