Pubdate: Sun, 20 Sep 2015
Source: Province, The (CN BC)
Copyright: 2015 Postmedia Network Inc.
Contact: http://www2.canada.com/theprovince/letters.html
Website: http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: Keith Fraser
Page: 15

JUDGE STAYS DRUG CHARGES OVER RIGHTS VIOLATIONS

A judge has torn a strip off B.C. court services officials for 
failing to provide a Cambodian interpreter to an accused in a serious 
drug case.

B.C. Supreme Court Justice Douglas Thompson was so concerned about 
the Charter of Rights violation he has stayed charges against Rong Kong Thim.

The judge said it was the responsibility of the Attorney-General of 
B.C. to provide sufficient resources to allow the province's courts 
to carry out its constitutional functions.

"In the case at bar, the failure to provide this necessary resource 
has resulted in an embarrassing collapse of the ability of the courts 
to adjudicate," he said.

On Sept. 13, 2013, Thim was charged with possession of cocaine for 
the purpose of trafficking, unlawful production of marijuana and 
possession of marijuana for the purpose of trafficking.

A bail hearing was held three days later and no interpreter was 
present. Thim, who was denied bail, wasn't aware he had gone through 
a bail hearing until his next court appearance. A series of 
adjournments followed because court services failed to provide an 
interpreter. Provincial Court judges could not proceed with a 
preliminary hearing twice because there was no interpreter.

Thompson declared a mistrial after the trial started because of the 
lack of competency of one interpreter and the withdrawal of two 
others brought in from Washington state because they were 
inadequately briefed. The second trial did not start because no 
interpreter was available.

"Failures stack on failures, infringements follow 
infringements,adjournments and recesses multiply," the judge said. 
"The question resolves itself, as many matters do in the end, to a 
matter of degree. There comes a stage at which continuing the process 
comes at too high a cost to the reputation of the administration of 
justice. When is enough, enough? I conclude that the line has been crossed."
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MAP posted-by: Jay Bergstrom