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

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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

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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.

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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

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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.

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