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News (Media Awareness Project) - CN BC: Judge Issues Apology For Swearing In Court
Title:CN BC: Judge Issues Apology For Swearing In Court
Published On:2007-03-17
Source:Vancouver Sun (CN BC)
Fetched On:2008-08-17 08:07:28
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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