A Ce AFTER Burnaby teacher William Bennest got a walk through the justice system, such as it is here in B.C., atten- tion began to get focused on how our lit- tle corner of the uni- verse has become a haven for pedophiles. Despite the public outrage in the Bennest matter, which surely should have been an indicator on the mood of the citizenry, the B.C. Court of Appeal still freed another pedophile and purveyor of kiddie porn earlier this month in a bizarre and highly con- troversial decision. Richard West was arrested in November 1994 after the Vancouver Police executed a search warrant on his West End apartment. The police carted away what was described as a “huge” collection of video- tapes, books, computer and photography equipment. He was charged wich three counts of making, possessing and dis- tributing child pornography. He later pleaded guilty after unsuccessfully arguing the search was unconstitu- tional and was duly sentenced to five years in prison. The Court of Appeal heard the arguments on the search and last week, Mr. Chief Justice Allan McEachern overturned the conviction and ordered a new trial, In the process he ruled all the evidence seized by police was now inadmissible. The basis for the judgment SIAR determin Update on Narrows notion Dear Editor: Your Nov. 19 edition car- tied a story headlined “Doublevision for divide,” which outlined proposals for improvements at and around the Second Narrows bridge. J want to compliment you for your continued interest in transportation issues, but | wauld also like to put forward a word of clarification. Your story gives top biiling to a proposal for a new four- lane bridge to be constructed parallel to the existing Second Narrows bridge. This concept was pro- posed, with timing depending on North Shore growth and development patierns, ina consultant’s report: thar was commissioned by the govern- ment and BC ‘Transportation Financing, Authority (BCTFA). However, the pro- posal was not recommended by staff tor inclusion in the 10- year investment plan or 25- year outlook and has nor been adopted by the provincial gov- ermment as a priority in’ the foreseeable future. Frank Blasetti Vice President, Planning and Evaluation BCTFA Knight crime and | punishment was because a CBC TV news crew, with reporter Wayne Williams, was present when the police executed the war- rant and the cameraman shot footage of the arrest, which took place inside the apart- ment. According to the court, this rendered the search unreasonable and consequent- ly, the evidence obtained inadmissible. T have several problems with the decision rendered by the court. In the first place, the CBC reporter was the one who advised the police of West and his activities. It was their investigation of ads placed in Vancouver print media which brought the issue of the pedophile to the surface. The police, for their part, agreed to advise the CBC of the planned arrest date and time in return for their co- operation in not airing the story before the police could act. Surely, this was a reason- alle and prudent action for the police to take. When the arrest took place, the cameraman was shooting from the hallway of the apartment building look- ing into West’s aparrment. The court concluded the he North Shore * ry Cogito . 4 north shore news VIEWPOINT cameraman must have been inside the actual residence. The CBC claims they were simoly shooting from the doorway, albeit with a tele- photo lens, but seeing noth- ing more than a neighbor might have seen walking by the open door. Ina subsequent news release, the CBC stated, “The underpinning of the court’s ruling is that the media’s actual and electronic intrusion into Mr. West's residence ren- dered the search anreason- able. In our view, media pres- ence at a police search oper- ates as 2 safeguard to ensure the search is conducted rea- sonably, The ruling throws into question the principle thar media should monitor police action, and as such it is a disturbing precedent.” The legal adage is that “justice must not only be done, but it must be seen to be done.” As evidenced by the deal done in the Bennest case, the Court of Appeal seems now to be saving as well that justice should not be “seen to be done.” The court conchided the intrusion into West's privacy inside his residence was intol- erable and the admission of the evidence would likely bring the “administration of justice into disrepute.” Never mind that West was actually Tunning his “busi- ness” of selling kiddie porn out of his residence and as such, his apartment should not be given the same protec- tion. Jn the written judgment, Defieux-Saxelby Insurance aServices Inc. 105-200 West Esplanade North Vancouver (Located beneath Famous Players Theatre) Justice McEachern stated, “Our private residences are the places where we have the bighest possible expectation of privacy against alj intru- sions except those authorized by law.” [ndeed, M’ Lord? Certainly that was what Parliament intended when it made the penalty for breaking and entering inte a dwelling house a maximum of life in prison, while the penalty for the same offence involving a commercial establishment is only 10 years. English Common Law, che basis for our laws and democ- racy, dictates that “a man’s home is his castle.” Could the court then explain the hypocrisy of its treatment of B&Es as margin- ally more serious than shoplifting? Criminals ger conditional sentences and probation tor their umpteenth conviction. Yet the police lawfully enter a pedophile’s apartment with a search warrant and, because a CBC ecameranian poked his fens inside the door, the pedophile walks. Surely, you can’t have it both ways. Richard West is a maker and seller of child pornogra- phy. TI lawful warrant to enter and search West's apartment. He was appropriately charged and pleaded guilty based on the admissibility of the mountains Cherokee Laredo fow km $16,995! = cherokee Limited, V8 Wednesday December 24, 1997 — North Shore News — 7 of kiddie porn found by the police. He should be in jail. That he is not is, in my opinion, “likely to bring the administration of justice into disrepute.” And sa it goes. Another pedophile is tree to prey on the most innocent of citizens, urt rulings raise issues of equity our children. Shame! — The Novil Shore News believes strongly in freedom of speech and the right of all sides aa debate ta be heard. The columnists published in the News present differtiy points of view, but those views ave not necessarily those of the newspa- per itself. Lube, oil & fitter chee Reg. $28.95 Pennzoil 10W30 Not vai win other offers. approved 1362 Marine Drive 920-2115 Mon-Sat @:00am-6:00om. Sun. 9.0Gam-5:0Cpm Expires Jan. 7/97 ” Wishing youa Christmas Serving the North Shore far 25 years For Free Estimate call 987-2966 (Ask abour our Seniors Discount) Labour $10.50 per panel unlined, $11.50 lined. Cherokee limited, V2! Chrysler's discount superstore SERB,