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.