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Office, Editorial 985-2131

Young witnesses often balk at
court testimony, Crown says

THREE YOUTHS accused
of spraying another youth in
the face with Mace before
hitting him over the head
with a sword last July will
continue their trial next
month in North Vancouver
provincial court.

By Anna Marie D’Angelo
News Reporter

Crown lawyer Ralph Keefer told
the News that be was able to get
youth witnesses to testify for this
trial in contrast to a recent case

“heard in North Vancouver provin-
cial court involving teens.

“In the past, we have had diffi-
culties with witnesses reluctant to
testify. Fortunately in this case,

“ some witnesses cume forward,” said
Kecrter on Monday.

“tt is important that young peo-
ple who find themselves involved in
these types of disputes have confi-
dence jin the courts” abilities to
redress these situations.”

But of the 15 youths who wit-
nessed the alleged assault with a
weapon at the McDonald's restau-
rant on Marine Drive, five made
statements and four testified.

Said Judge Doug Moss during
Monday's proceedings, “To put it
mildly, it (the victim's evidence)
was reluctantly obtained by
Crown.”

In recent weeks, a youth court
case concerning the assault of a
Grade 12 Carson Graham secondary
student with a metal-pipe last
October resulted in an acquittal for
three North Vancouver teens.

The youth was allegedly assault-

ed on the cement stairs in tront of

“the Jones Avenue school.

The three accused were charged
with assault causing bodily harm
and assault with a weapon.

: But while on the stand, the vic-
-tim “refused to adopt his previous
statement to the pofice,” said
Keefer, who handled the case as
Crown fawyer.

The victim would not be linked
to the statement he gave police last
October about details of the beating,
The police statement was audio
recorded.

Judge Mass said he thought the
victim was lying, but it was not
enough to warrant placing him in
jail, according to Keeler. .

Keefer said he was unabl: to xet
any other youths to testify desyi
siew” of students at the school who
likely witnessed the alleged assault.

Meanwhile on Monday, a lawyer
of one of the accused ia the
McDonald's introduced a

defence alibi despite witness lesti- .

monies heard March in court which
identified his client as being a party

ernest

“REA

in the alleged assault with a weapon
on July $9, 1993,

Lawyer Jonathan Waddington
put his client, a 17-year-old from
Richmond, on the stand to give alibi
evidence. The other accused, age 17
and 18, are North Vancouver resi-
dents.

Waddington called his client's
two friends to the stand to testify
that the accused was at a kick-box-
ing club and then at the Side Door
nightclub on the night in question.

Earlier testimony revealed that
the three accused went into the fast-
food restaurant at approximately
9:30 p.m. They asked the victim to
£0 outside with them to talk.

One witness remarked, “FP think
they were angry. They were speak-
ing another language.” ‘The accused
are of Persian descent and the vic-
Um is Caucasian.

A {6-year-old North Vancouver
youth was allegedly sprayed in the
eyes with Mace by ane of the
accused and within seconds, anather
suspect hit the victim over the head
with a machete-type sword used in
martial arts. The alleged assault
took place in the drive-through area
of the restaurant parking lot.

Witnesses said the three accused
ran away after the alleged incident.
The victim was treated in hospital
and received stitches fo his wound.

Said Moss, “{t would be trite to
say the accused did not know the
other group in McDonitid’s restau-
rant... You have to be blind not to
know there is an ongoing conflict
hetween the accused and the people
in the restaurant.”

Lawyer Deirdre Pothecary said
there was no evidence to link her
client with the machete or the Mace.
She said thete was no evidence of
“joint purpose” that included her
client.

“The only evidence in common
was that they wanted talk to his fel-
low,” said Pothecary.

She said evidence indicated her
client appeared angry that night.

“Being angry is not a criminal
atfence,” said Pothecary.

Keefer argued that evidence
showed the three accused acted
together ina planned assault with a
weapon.

During court proceedings, two of
the three accused conversed with
cach other in the frant row of the
court room.

Waddington's client smirked and
laughed during alibi testimony of
his friends. When Waddington’s
client was on the stand, be removed
his gum from his mouth after his
mother whispered loudly in the
court room.

The proceedings were held in
youth court where the Young
Offenders Act prohibits the naming
of the accused.

SCH EOOENCN A

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NEWS photo Nelt Lucente

Cash and cannabis

NORTH VANCOUVER RCMP Const. Tom Seaman (foreground) checks out seized money
and marijuana obtained after a drug raid on a house in Lynn Valley Wednesday night.
Const. Daryn Storey, of the North Vancouver RCMP’s spacial! projects unit, (background)
tills out some paperwork related to the raid. See story page 5.

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