Pubdate: Fri, 16 Sep 2011 Source: Nanaimo Daily News (CN BC) Copyright: 2011 Nanaimo Daily News Contact: http://www.canada.com/nanaimodailynews/ Details: http://www.mapinc.org/media/1608 JUDGE STAYS DRUG CHARGES, BLASTS PROVINCE OVER COURTS Not Getting Trial in Reasonable Time Should 'Alarm and Concern The Community' A senior provincial court judge has stayed all charges against an "unrepentant" cocaine dealer in Prince George because it took 3 1/2 years for his case to get to trial. Associate Chief Judge Michael Brecknell said a lack of resources, including sheriffs and court clerks, had caused unconstitutional delays in the case of Joseph William Hammer, 50, who sold cocaine to an undercover cop in October 2007. Hammer already had been convicted of the charges, but filed a charter challenge, claiming his rights had been abused because the case took so long to go to trial. Brecknell reluctantly agreed in a strongly-worded ruling that blamed the B.C. government for court shortages. "The Court does not control the availability of facilities, nor the providing of adequate staff resources, such as sheriffs and clerks, nor the appointment of a sufficient number of judges to hear cases of all types within a reasonable time," Brecknell said. "That is the duty and responsibility of the provincial government to the citizens of British Columbia." Brecknell said "all citizens, even drug dealers, are entitled to the full protection of their rights under the charter." Hammer is already facing new trafficking charges, laid last month in relation to allegations from July 5. He is due in court on the new counts Sept. 28. "The fact that an unrepentant drug dealer who has been convicted of possession of cocaine for the purpose of trafficking; and while involved in the trial of this matter has been charged with further like offences; should now be able to be free of the consequences of this very serious offence because the judicial system could not accommodate his trial, within a reasonable time should alarm and concern the community," Brecknell said. NDP critic Leonard Krog said the ruling is a direct attack on the B.C. government's underfunding of the judiciary. "When a judge of our Provincial Court uses that kind of language, it should be a fire alarm for the attorney-general and the premier," Krog said. "It is unprecedented and it indicates an incredible frustration that the provincial judiciary feels." Krog said Brecknell's ruling is just the latest in a series of recent statements by judges about chronic underfunding that is paralyzing the judicial system and creating security concerns. - --- MAP posted-by: Richard R Smith Jr.