Sunshine

TWENTY-ONE-YEAR-OLD Nicol enjoys swimming
and dancing. Places. she has travelled inciude
France, Germany and Italy.

man sues
in Bowen
mishap

VANCGUVER — real
estilo agent, injured after falling
da ihe car deck of the Bowen
Island ferry while it was docking
it Horseshoe Buy Ovo yeurs ago,
has filed a suit against the BC
Ferry Carp. and two ferry of-
ficers.

Brent Mudry
Contributing Writer

A WEST

William Clark chiims the ship
collided with the dock on Dee. 9,
1991, due to negligence and
breach of duty of BC Ferry
personnel,

Lawyer William Dick of Paine
Edmonds claims Clark was
“hurled’ to the car deck, ina
statement of claim filed Monday
in the Vancouver registry of the
B.C. Supreme Court.

The suit notes Clark suffered a
closed head injury, memory im-
pairment, headaches and injuries
to both hips and his back and
neck,

On his left side, the real estate
agent was injured on his
shoulder, arm, wrist, hand, elbow,
knee and leg, and he suffered
further injury to his right hand
and thigh,

The suit also claims the B.C.
Ferry Corp. failed to provide and
implement proper systems or
procedures for its personnel to
follow concerning the safety of
passengers at docking time.

Court rules against erasing of
tapes in Cap jewelry heist case

SOME PEOPLE say talk is cheap, but just don’t ask Darcy
‘Theodore Olson, the loose-tongued getaway driver in a vi-
olent armed robbery of a. Capilano Mall jewelry store two

years ago . . ‘

. Olson couldn’t help but talk on
the phone about his part in the

heist, even when he was locked up °

-in the Vancouver pre-trial deten-
tion centre.
And. a wary detention ‘officer,

tipped off to.a security risk by a-

letter Olson wrote from. his cell
‘block, was only too happy to tape
every call he made ina four-week
period. .
“Olson’s incriminating com-
ments, which made for intriguing
-Pplayback in court, resulted in a
‘guilty verdict from the jury and a
hefty seven-year prison term.

Now, Olson gets. three thumbs
down_ by the B.C. Court of Ap-
peal.

The three-judge court ruled that
Olson’s injudicious remarks can-
not be erased, and rejected his
privacy appeal in a decision
released Wednesday in Vancouver.

‘*The Crown concedes that
without benefit of incriminating
remarks by Olson recorded on the
tapes it is unlikely the jury would
have convicted,’’ Mr. Justice

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‘By Brent Mudry

Contributing Writer

Reginald John Gibbs noted.

Olson’s. three-man gang. com-
mitted the .robbery in the late
afternoon *of June 7, 1991. An
unidentified member smashed the
display cases, grabbed the loot
and ran for the door.

The lookout man brandished a
shotgun at nearby shoppers fro:
his position in the mall, just out-
side the store.

Olson was the getaway man,
waiting at one of the mali en-
trances. ;

Five people were wounded by a
shotgun blast in the escape. The
gang sped off, and the car was
found abandoned a short time
later.

Freedom was fleeting for two of
the fleeing robbers.

“Police investigations and in-
telligence sources led to Olson and
the lookout,’’ Justice Gibbs noted.

Olson was arrested in Estevan,
Saskatchewan, and held in the

Vancouver pre-trial centre, along
with the lookout.

Olson’s impatience was only
exceeded by his blatant behavior.

Officials soon assessed a threat
through Olson's conduct, an in-
tercepted letter he sent and mate-
rial attached to it.

The talkative. suspect’s calls
were taped from July 16, 1991,
and monitored for one month.

The detention officer turned the
tapes over to the RCMP after the
concern subsided, and Gill
McKinnon, Olson's lawyer, argued
that the transfer of tapes was an
‘unreasonable seizure.”’

Justice Gibbs noted that Olson
conceded he had no reasonable
expectation’ of privacy within the
detention centre, and ruled that
because the initial taping was
authorized, any transfer to the
police was valid.

Justices Alexander Brian Car-
rothers, Mary Southin and Gibbs
quoted Supreme Court of Canada
Mr. Chief Justice John Sopiaka in
a recent Sept. 30 decision, who
ruled that the seriousness of a
crime must balance in context an
individual’s privacy interests with
effective law enforcement.

DEREK A. CAVE

Trial Lawyer

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