A2-Wednesday, March 19, 1980 - North Shore News

FROMPAGE A1 ~

Constable Weaving and
possibly cost him his job,”
Judge Husband told the
court when he handed down
the judgment. =

Husband’s judgment
followed-a five-day trial
during which Logan testified
that the two officers stopped
him as he was riding his
bicycle through the park just
a few minutes before
midnight on July 25, 1978.
Logan alleged that Weaving
pushed him to the ground
and grabbed him by his hair
and rubbed his face in the
dirt.

Logan said Weaving then
punched him in the face
after he had been hand-
cuffed.

According to Logan he
was put in the drunk tank at
the West Van police station
at about | a.m. until he was
released to his mother at 4
a.m. that morning. During
that time, Logan alleged that

ane

Aikenhead stamped on his
feet, at a time when Logan
had no shoes on.

As Logan was leaving the
station with his mother he
swore at Weaving and spat in

’ his face, the court was told.

And while Logan and his
family said he had nothing to
drink on the evening of the
incident except for one

bottle of cider early in the.

evening, the two police
Officers alleged that Logan
appeared drunk at the time
and that they had found him
with his arms around a tree
in Ambleside Park.

SAME EVIDENCE

Both officers had pleaded
not guilty to assaulting the
boy. The judge pointed out
that in the case of
Aikenhead there were “no
apparent discrepancies in his
evidence.”

He said that in the case of
Weaving although “there are
some discrepancies in his

evidence and he did appear
to be on the defensive while
giving this. evidence”, the
evidence of the two officers
was “basically the same.”
Lacerations and abrasions
which Logan. said he
received at the hands of the

two officers .could have .

resulted from a_ violent
struggle with officers in the
middle of Marine Drive
which occurred when Logan
overturned a counter in the
police station and ran out to
the street, Husband told the
court. -
Judge Husband pointed
out that the case against the
officers rested on the
evidence given by Robert
Logan, his parents and his
brother. But the defence
case, dependent on _ the
evidence given by Weaving
and Aikenhead was _ sub-
stantiated by testimony of
several West Van policemen
who were at the station when
Logan was brought in.

The case for the defence

No rezoning for W. Kings

A proposal to rezone an
area of West Kings Road toa

higher density was defeated
Monday by North Van-
couver District Council.

An agent for one land
owner in the area had at an
earlier meeting, proposed
that the area be rezoned to

‘permit. 50 ft. lots. The

ae

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present zoning permits 100
ft. lots.

Council could see little or
no merit in the proposal at
the present time.

Alderman Peter Powell
led the charge to defeat and
‘he was supported by
Alderman Ernie Crist who
praised the quality of the

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homes and the manner in
which they were maintained.
He did not want to see any
rezoning approved.
Alderman Mary Segal also
agreed, and the proposed
amendment was defeated —
to the obvious relief of'about
40 West Kings Road
residents in the gallery.

i

si
with
cheese

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depended largely “on the
question of whether or not it

could be established that
Logan was, “at.all ‘material

times to this action,” biased

against police officers,

according to the judgment

handed down by Husband.
wor

AAI

As well as admitting that
he was out to get Weaving,
Logan stated during the trial
that he, “hated the police
building and everyone in it,”

Husband pointed out.
‘The judge noted Logan
had had at least four

previous encounters with
police in Vancouver and
West Van, during which he
had been violent and hostile
towards them.

And evidence during the
trial showed that Logan only
pressed charges, “after his
father physically forced him
to proceed,” according to

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Logan was said to have

‘run out of the court clerks‘
office when his father was

insisting he should press
charges. Court heard
Logan's father went after
him, brought him back,
seated him in a chair and
forced a pen into his hand to
sign the complaint form.

In his judgment, Husband
added that there were in-
consistencies in the evidence
given by Logan and his
family, pointing out that
although Logan _ senior
admitted that his son per-
sisted with the assault charge
so he “would have a
bargaining point with
police”, in ‘having charges
against him dropped, Robert
Logan denied this was true.

Logan was. charged
following the incident, and
convicted of assault for
spitting twice in Weaving’s
face.

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to evidence called on behalf
of Weaving. —

The judge pointed out the
length of service of the two -
accused officers with the-
West Van police depart--
ment. Aikenhead has been
there for nineteen years and
Weaving has five years’
experience.

“The charge laid against
these two officers is par-
ticularly serious in view of
the positions held by the two
accused,” Husband said.
“Both are police officers
entrusted with the
responsibility of ensuring
that the law is enforced with
impeccable fairness,” and
the charge “calls into
question the integrity of both
officers,” he added.

With Figure 1.

922-0314