Judge: No TV coverage of riot sentence

 

 
 
 

Vancouver provincial court Judge Malcolm MacLean won't allow television coverage of today's sentencing of Stanley Cup rioter Ryan Dickinson.

Dickinson, 20, who has been in jail since December is the first of the June 15 rioters to be face sentencing after he pleaded guilty Jan. 6 to participating in a riot and being in breach of a recognizance.

The Liberal government had said it intended to televise the sentencing of persons found guilty of the numerous offences that took place on the night of the riot that resulted in injuries to police and innocent bystanders and property damage.

But MacLean rejected an application from the attorney-general's ministry to televise Tuesday's proceedings, saying he would need the help of an amicus curiae - a friend of the court - to deal with the complex issues raised by the application but wasn't prepared to delay Dickinson's sentencing until this process was complete.

However, his decision does not prevent the attorney general's ministry from applying to televise other sentencing hearings.

MacLean said the public and media access policies of the provincial court prohibits the use of cameras or recording devices in courtrooms.

But, he said, a presiding judge has the discretion to allow broadcasting of the proceedings "in the public interest," provided it would not affect the right of a defendant to a fair trial, cause discomfort to witnesses, have the effect of deterring witnesses in any future similar case, cause additional expense to the court or potentially hamper the ongoing administration of justice.

MacLean said he was also concerned with preserving the decorum of the court, as images from the trial, once broadcast, could be downloaded and manipulated or altered.

Neil MacKenzie, communications counsel for the Criminal Justice Branch, said outside the court that his office would take the judge's reasons into account with respect to any future applications for televising the sentencing of other rioters.

"We are dealing with applications [for televising] one at a time. When it becomes appropriate we'll take the next step. This is the only application we have made," said MacKenzie.

The application was opposed by Dickinson's lawyer, Gregory DelBigio, who had claimed it was "politically motivated," but MacLean said his decision should not be interpreted as agreeing with such a claim.

"I would like to make something clear. I have not found that this application or any actions taken in the prosecution of this matter are politically motivated," said the judge.

"I am dismissing the application because in my view the issues arising on this application require further information and the assistance of amicus curiae.

As such I am not satisfied the attorney-general has demonstrated under the provincial court policy, or otherwise, that Mr. Dickinson's sentencing hearing should be broadcast."

"I am not deciding whether broadcasting proceedings in the provincial court in any particular case, including future riot cases, is appropriate or not," said MacLean.

"In view of the constraints including the imminent sentencing of Mr. Dickinson, the lack of his consent, the lack of relevant and necessary information and the need for the assistance of a amicus curiae, I am satisfied that proceeding further with the broadcast application in this particular case is not appropriate.

Mr. Dickinson is in custody and I will not delay his sentencing hearing," said MacLean.

Meanwhile, Vancouver police are asking for the public's help in nabbing a Stanley Cup rioter who violently assaulted an officer with a brick.

Const. Mike Laurin had joined three other Emergency Response Team officers outside the Sport Chek store in the 500-block of Howe Street at about 11 p.m. last June 15 where Stanley Cup rioters were smashing windows.

Before he had a chance to put on a helmet and riot gear, Laurin was struck in the forehead with a 2.4-kilogram brick.

"It would be similar to getting hit in the head with a puck at 75 miles per hour," Yeo said. The analysis was made by an engineer who examined the weight, velocity and speed at which it struck Laurin.

Laurin, who has been on the force for 10 years, required 14 stitches, suffered a serious concussion and was off work for three months. "I know there's somebody out there who can tell us who did this," Yeo said.

Police said they continue to round up suspected rioters, recommending another 70 criminal charges against 25 people on Monday. This brings the total number to 350 charges against 125 rioters since the riot occurred.

Yeo noted the charges are all related to serious criminal offences, such as looting businesses, starting fires and assaulting bystanders. A new police website, launched Jan. 31, has generated many tips, he added.

Those facing charges include an 18-year-old Burnaby man, who pushed a portable toilet toward officers in the 400 block of Georgia Street, smashed a car windshield and then stuffed a rag in the gas tank of car and tried to light it on fire. He is facing charges of participating in a riot, mischief and arson.

Others include: an 18-year-old Richmond man who tried to smash the window of an unmarked police and then joined others in overturning it; a 27-year-old man from New Westminster who hit a vehicle several times with his skateboard and a 23-year-old Surrey man who swarmed and attacked Robert Mackay as he tried to protect windows from being smashed.

 
 
 
 
 
 
 
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