B.C. men to return to court after sheriff shortage prompted charge dismissals

Judges in separate cases had slammed the government for not hiring enough sheriffs

Two Victoria men whose criminal charges were dropped last year because of a lack of available sheriffs have been ordered back to court.

Michael John Dubensky and Richard Anthony D’Allesandro were accused in separate cases on various drug trafficking and weapons offences, but Crown was allowed to protest the dismissal of charges in a single appeal because they involve the same issues and location.

According to court documents, D’Allesandro was scheduled for a half-day trial in 2017 on charges of possession of cocaine for the purpose of trafficking in an alleged incident three years earlier. But a sheriff was not available.

“Crown is ready to go. Defence is ready to go. The court is ready to go,” B.C. Supreme Court Justice Robert Johnston said at the time. “Mr. D’Allesandro is in custody in this building, but he is not able to attend because there are no sheriffs to bring him to court.

“That is completely unacceptable. I am not prepared to conduct this trial in Mr. D’Allesandro’s absence. He has a right to be here and he should be here.”

Johnston stayed the proceedings, essentially dropping the charges and blaming a lack of “provincial will” to provide proper resources.

READ MORE: NDP hope to nix court delays with $15 million cash influx

READ MORE: Court delays one of several issues tackled by feds in tabled bill

Dubenksy, meanwhile, was charged with possession of heroin for the purpose of trafficking, as well as possession of bear spray, in relation to a 2015 incident.

He was to remain in custody during his three-day trial in 2017. But court documents say no sheriffs were available to sit in the courtroom, nor stay with him while he is transported to and from the Vancouver Island Regional Correctional Centre.

“It is the responsibility of the state, that is the province, to adequately staff courthouses, and part of that responsibility of staffing includes making sure there are sheriffs available so that trials can run as they are meant to and must run,” B.c. Supreme Court Justice Jacqueline Dorgan said at the time.

“Sheriffs are pivotal to the operation of a trial and particularly so in regard to an in-custody trial in the criminal field.”

In his decision Tuesday, B.C. Appeal Court Justice David Frankel sided with Crown in its appeal.

“While the judges were right to be concerned — and, it would appear, frustrated — over the unavailability of sheriffs and the effect a lack of sufficient sheriffs can have on the Supreme Court’s ability to carry out its functions,” Frankel wrote, “how they chose to address that problem in dealing with the cases before them was both procedurally inappropriate and extreme.”

He and the other two appeal judges set aside the stays of proceedings for both men and remitted the matters for trial.

A lack of sheriffs has long caused delays in the B.C. justice system.

Such shortages let to six courtroom delays and eight closures between fall 2016 and spring 2017, according to the province. In March 2017, the under-staffing in provincial court in Victoria got so stark a Kamloops deputy sheriff was flown in to lend a hand.

The NDP government pledged $15 million in its February budget to hire more staff, while the federal government tabled a new bill last month aimed at reforming many problems of the justice system, including court delays.

Just Posted

Province delivers notice of unauthorized occupation to Saanich tent city Camp Namegans

A Ministry of Transportation liaison to Camp Namegans delivered a “notice of… Continue reading

Campfire ban coming into effect across West Coast

The Coastal Fire Centre says bans will begin on Wednesday

LETTERS: It’s time to stop looking for excuses

Re: Proposed fishing restrictions will be devastating: officials I understand how those… Continue reading

UPDATE: Woman hit by car in parking lot 93 years old

Driver of sedan backs into older adult walking through lot

Delivery truck downs power lines in Sidney

A tractor trailer delivering eggs clipped a low-hanging wire on Second St.… Continue reading

Trudeau asks transport minister to tackle Greyhound’s western pullout

Prime Minister Justin Trudeau says he’s asked Transport Minister Marc Garneau to find solutions in Greyhound Canada’s absence.

Special forces unit to monitor Hells Angels ride on Vancouver Island

Enforcement unit says motorcycle club to hold 35th anniversary ride in Nanaimo

Hub for mental health and addictions treatment opens at B.C. hospital

St. Paul’s Hospital HUB is an acute medical unit that includes 10 patient beds

Saanich Police investigate store robbery

Store video captures image of suspect

Restaurant Brands International to review policy over poaching employees

One of Canada’s largest fast-food company to review ‘no-poach’ franchise agreements

Calgary family’s vacation ends in tragedy on Texas highway

Three people died and four others were injured in the crash

Union construction cost competitive, B.C. Building Trades say

Non-union firms can bid on infrastructure, but employees have to join international unions

Trudeau to shuffle cabinet ahead of Liberals’ team for 2019

Trudeau could lighten the work loads of cabinet ministers who currently oversee more than one portfolio

Greater Victoria Crime Stoppers wanted list for the week of July 17

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Most Read