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

Huge lineup of international and First Nations acts coming for Islands Folk Festival

From Begonia and Alex Wells to Fränder and The Unfaithful Servants, you’ll love Folkfest 2018

Former Capitals invited to NHL development camps

Three ex-BCHL players join Duncan product at summer training sessions

Cowichan papers are national award winners

Reporter Sarah Simpson was recognized twice for her efforts

Drought alert posted for Koksilah and Chemainus Rivers

Around the Cowichan region hot, dry weather is drying up tributary streams as well

‘Amazing Race Canada’ competitors face Cowichan challenge

They drove Corvettes, mastered falconry basics, and even ate blueberry pie on Day 3

VIDEO: Trudeau shuffles familiar faces, adds new ones to expanded cabinet

Justin Trudeau shuffles his front bench Wednesday to install the roster of ministers that will be entrusted with leading the Liberal team into next year’s election.

Wildfires erupt in B.C. Okanagan forcing evacuation orders and a highway closure

Check out a list of up-to-date information on blazes happening within the Kamloops Wildfire Centre.

Grizzly bear jumps in river, chases B.C. kayaker

The bear got a bit too close for comfort along the Elaho River near Squamish

Island man convicted of 1999 sex assault at Fraser Valley music festival

James Allen Redden, formerly of Nanaimo, was found guilty of three charges

Parks Canada looks to shine light on cloudy future for historic sites

A plan is in place to produce 10-year plans designed to turn around sagging attendance figures

B.C. poet shines a bright light on struggle with homelessness

Book launch for John La Greca’s Homeless Memorial is at Vernon’s Gallery Vertigo July 21.

Ontario police say attack on Muslim man was motivated by hate

Two men, aged 27 and 19, have been charged with assault in the incident

City orders largest Kinder Morgan protest camp to leave

Residents of Camp Cloud near the Trans Mountain work site have 72 hours to leave

14-year-old pilot attempts to break Guinness World Record at B.C. airport

Mohd Shaikhsorab wants to become youngest pilot with fewest hours logged to fly solo

Most Read