TWENTY-YEAR-OLD Kiki enjoys skiing and roller
“blading. Her. favorite actor is Val. Kilmer; favorite
“actress: ‘Florence. Henderson. A move to Alaska

‘ls in er. future plans.”

TEENAGERS IN the Parkuie area
of Seymour. want. to skate in the
. safety-of their own skateboard park; ':

~ but.will continue to play.in the traf---

fic if one cannot be built.

Council heard a delegation April
18-from: Marwyn ‘Thomas, the
‘chairman. of the Seymour Area
Youth Services Society, and Jesse
Petersen, representing the skate-
boarders. -

They. proposed that a skate’ park
‘be’ constructed. immediately behind

t

the Parkgate recreation centre.

Petersen told council he was
aware that skateboarding in and
around Parkgate: Mall was not pop-
ular with the merchants who per-

“ceived it as harmful to business.

Petersen said the solution was
“to find an appropriate area for us
to skate.

“Constructing a new skateboard
facility will solve the problem by
moving us away from the Parkgate
parking lot.” :

® friendship
° caring

LOK .25 CTS
Reg. $415.00
Sale $229.00

10K .4 CTS
yf Reg, $390.00
AAW Sale $215.00

10K .25 CTS
Reg, $450.00

. Sale $249.00

“Rep, $2100.00

Sale $11

ewe lle PS op.

49.00

C2
SVS

Wednesday, April 27, 1994 - North

meu

Shore News - 11,

assault

case returns to court

A PROVINCIAL court judge's
rejection of an argument of
self-defense will result in a
new trial for an off-duty police
officer convicted of assaulting
a B.C. Ferry Corp. lincup
attendant at Horseshoe Bay in
1992,

By Brent Mudry

Contriluging Writer

Pavel Andrash of Richmond,
irate after y atching Jatecomers cut
in front G. a long traffic lineup,
struck Ryan Burnett after a verbal
confrontation, blaming the ferry
worker for the problem.

The conduct of Andras a 19-
year veteran of the Vancouver
Police Department, is still under
review by the force's internal sec-
tion.

But B.C. Supreme Court Justice
Paul Williamson noted the trial
judge failed to take into account
Andrash’s evidence of his honest
belief that he was about to be hit,
after Burnett pushed him.

Justice Williamson overturned
the conviction made by a West
Vancouver provincial court judge
last fall. Judge Reginald Grandison
had sentenced Andrash to a condi-
tional discharge, six months of pro-
bation and [0 days of community
work on Sept. 8, 1993,

The incident occurred amidst
beavy summertime ferry traffic on
July 18,

Andrash’s s holidays.

After waiting at the top of the’

hill’ near Eagleridge in the lineup
with his wife, Andrash walked

down the hill to check out the situa-

tion.

towards his car.

' .Andrash blamed Burnett for not

properly directing traffic.

“There was evidence that he
approached Burnett yelling,
screaming and demanding that the
worker do something to prevent
cheating by drivers arriving late,”
the judge noted.

Andrash suggested Burnett radio,

up the hill to send waiting motorists
to the front of the line.:

“There was evidence Andrash -

got closer and closer to Burnett,
continuing to scream and yell, until
he was only. five to 10 inches from
‘his. face,” -before spitting on

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He returned, walking up the hill

Burnett, the judge noted,

“Burnett said he thought
Andrash was going to hit hint so he
pac bis hand out and pushed him
away.” Justice Williamson added.

Andrash's version is that he
“foolishly” followed Burnett, who
quickly spun around to face him

“His eyes were what | would
describe, full of fire,” Andrash tes-
tified, claiming he thought Burnett
was about to hit him.

Indevd, he said a blow landed on
his upper chest, and he testified (hat
he just reacted and “swatted” at
Burnett's head.

While there was dittle doubt that
Andrash hit) Burnett, Justice
Williamson ruled he may have had
an honest belief it was self defense.

“An honest belief would result
in an acquittal,” the judge noted.

“Phere can be no doubt that he
was screaming, yelling and causing
a disturbance to everyone, and that
he was the person responsible for
commencing the incident,” Justice
Williamson noted.

But the Supreme Court judge
aecepted the arguments of lawyer
Bill Smart that provincial court
judge Grandison erred in making

“7AYCORMOTIVE

B.C.A.A. - A.R.A. -

no nate of Andrash’s detens

“He says nothing about it. cither
the learned trial judge did not direct
himself to a critical legal question,”
or he made no record of his deci-
sion, Justice Williamson noted.

Justice Williamson said thatan
judgment day, Judge Grandison
stated... E intend to be very suc-
cinel, very brief, and 1 propose to
amplify my reasons later...” but
Grandison failed to follow up, even
afier Smart made requests | on the
day of sentencing,

“{ don't recall what | was going
to say. You have my decision,”
Judge Grandison told Smart, con-
ceding his earlier decision was
short.

In his original brief oral deci-
sion, given late in the day, Judge
Grandison dealt only with the
Crown’s evidence, and made no
mention of Andrash's defense.

“Mr, Burnett pushed you away,
rather hard, which to me seems to
be a very appropriate response... his
pushed was justified... your
response... was not,” the trial judge
told Andrash, Smart deferred com-
ment on the case, noting a new trial
has been ordered.

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