New trial ordered for Prince George man convicted of sex charge

Appeal ruling says Paul Veeken’s conviction to be set aside after trial judge failed to instruct jury

A new trial has been ordered for a 45-year-old Prince George, B.C., man convicted of sexually interfering with a person under 16 years of age.

In a unanimous ruling, a three-member panel of the B.C. Court of Appeal says Paul Veeken’s 2015 conviction should be set aside because the trial judge failed to properly instruct the jury.

Veeken was sentenced to two years in jail and a year probation for sexually touching a pre-teen girl, although the defence argued the girl had been coached by her parents to say the touching was sexual in nature when it was just innocent tickling.

The Court of Appeal justices found a statement made in court by the girl’s mother could have had the effect of tainting the minds of jury.

“The prejudice to Mr. Veeken arising from what R.’s mother said is obvious,” the written court decision reads.

At the 2015 trial, the Crown asked B.C. Supreme Court Justice Elliot Myers to address the mother’s evidence in his charge to the jury, but the high court says the judge simply told jurors to ignore the mother’s statements and didn’t explain why.

The Court of Appeal ruling posted online on Friday notes Veeken raises several grounds for appeal, but the judge’s failure to address the statements of the mother are enough to force a new trial.

“The jury should have been instructed that what R.’s mother said she was told (about Veeken) was hearsay and was not proof of the truth of what she had been told,” says Justice David Frankel.

“More importantly, the jury should have been specifically instructed that it must not rely on that evidence to conclude Mr. Veeken was a person of bad character who was, therefore, more likely to have committed the offence against R.”

A date for a new trial has not yet been set.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

PHOTOS: Thousands show for 40th GoodLife Marathon in downtown Victoria

New records, first-time runners, and stories of resilience

Here comes the rain: Victoria can expect post Thanksgiving showers all week

Mild, rainy weather expected from Tuesday to Saturday

Opponents of Elizabeth May criticize her push to scrap temporary foreign worker program

May has proposed to scrap the federal program which supplies local business with temporary workers

Victoria woman uses loss to raise awareness of Pregnancy and Infant Loss Awareness Day

City of Victoria to recognize Pregnancy and Infant Loss Awareness Day Oct. 15

Calling all little yogis

Saanich yoga studio offering yoga classes for kids to encourage emotion control, healthy lifestyle

VIDEO: Langley woman’s security camera records its own theft

Langley family discovers early morning grab was recorded

Canadian Snowbirds plane crashes before air show in Atlanta

Pilot lands safely after ejecting from jet

Share crash data, private insurers tell David Eby, ICBC

B.C. monopoly makes drivers retrieve their own records

B.C. VIEWS: Wolf kill, not backcountry bans, saving caribou

B.C.’s largest herds turn the corner from extinction

Pearson nets shootout winner as Canucks clip Flyers 3-2

Vancouver picks up second straight home win

Map on Elections Canada website sends Nanaimo-Ladysmith voters to landfill

Address for polling station correct, but Google Map address differs

BC Children’s Hospital launches 2 new virtual care sites bringing total to 19 across province

Provincial initiative allows pediatric patients to see health specialists through video

‘Wham-bam out the door’: Surrey man’s front yard left ruined by scamming landscaper

Resident warns neighbours to be careful of door-to-door salesmen

Most Read