Pubdate: Sat, 17 Mar 2007
Source: Vancouver Sun (CN BC)
Copyright: 2007 The Vancouver Sun
Contact:  http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Kim Bolan, Vancouver Sun
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/find?188 (Outlaw Bikers)

JUDGE ISSUES APOLOGY FOR SWEARING IN COURT

Public Controversy Over Use Of F-Word Led To Special Court Sitting Friday

B.C. Supreme Court Justice Peter Leask gave a heartfelt apology 
Friday for profanity he used earlier in the week during the Crown's 
closing arguments in a drug trafficking case.

Courtroom 55 was packed for the special sitting arranged by Chief 
Justice Donald Brenner at Leask's request over the public controversy 
that erupted over the swearing incident Tuesday morning, which took 
place while a school group was in the public gallery.

"I know you are all aware of the circumstances surrounding my 
completely improper use of language during closing submissions in 
Regina v. Hehn," Leask began, reading his statement slowly and clearly.

"Today, I wish to apologize to the public, to any members of the 
public who were in court on Tuesday, including especially the 
schoolchildren, the lawyers of the province, court staff, judicial 
administrative staff, and all members of this court, past and 
present, as well as members of other courts of this province. The 
language I used had no place in court. I was wrong in using this 
language. I hereby wish to make an unreserved apology to all those I 
have enumerated and acknowledge that my behaviour was inexcusable."

Leask, a prominent defence lawyer until he was appointed to the B.C. 
Supreme Court in November 2005, sounded emotional at points during 
his statement.

"In the circumstances, I can only humbly request that members of the 
public, the court and judicial staff, the bar and my past and present 
judicial colleagues will accept my unreserved apology in the spirit 
in which it is offered," he said. "To the extent that my conduct has 
damaged the reputation of the court, it pains me greatly and I am 
particularly anxious that my colleagues recognize my contrition."

He also said he did not want his conduct to reflect poorly on the 
"judiciary as a whole or my arduously working colleagues. I deeply 
regret my actions. They will not be repeated," he said.

Defence lawyers, prosecutors, reporters and sheriffs joined members 
of the public for the unusual event. The consensus afterwards was 
that Leask did the right thing to end the controversy by apologizing.

Leask acquitted Glen Jonathan Hehn, a member of the Hells Angels, 
Wednesday on a cocaine trafficking charge, saying he accepted Hehn's 
testimony that he was unaware a friend had been using Hehn's storage 
locker to stash 52 kilograms of cocaine.

A day earlier, when federal prosecutor Ernie Froess was making his 
final submissions, Leask used "f---ing" twice, as well as other profanity.

Froess told reporters that he had never asked for an apology.

"His comments were obviously heartfelt and very genuine and as far as 
I'm concerned that puts this issue to rest," Froess said. "His 
comments at the time didn't give me any particular concern. I had no 
concerns that the Crown was not being afforded a fair hearing. To the 
contrary, I thought the Crown received a very fair hearing."

Lawyer Neil Cobb, who was representing Hehn, lashed out at The 
Vancouver Sun for its coverage of the issue.

"I felt terrible listening to him say that in light of all his years 
of tireless public service," Cobb said. "He didn't deserve this 
maelstrom and we are bordering on offended the fact that it's happened."

Lawyer Terry La Liberte, who described Leask as a mentor to him, said 
the judge does not use profanity outside of court.

"His comments today were a full and complete apology," La Liberte 
said, noting Leask's "absolutely impeccable reputation. That's the end of it."

Ten-year-old Adam Veitch came to court with his dad Jason after 
learning of the special event through the media.

"It was good that he apologized for what he said because that was 
kind of inappropriate what he said, especially because there was 
students there," Adam said, adding the lesson he learned about 
swearing was that "you shouldn't do it, especially when there's a lot 
of people there because it can get back to you in bad ways."

Jason Veitch said he wanted his son to learn a "lesson about being a 
responsible citizen and a good member of society to listen about how 
people apologize."
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MAP posted-by: Beth Wehrman