N.B. judge must rule if man's rights violated in impaired driving case
Last Updated: Tuesday, May 26, 2009 | 6:54 AM AT
CBC News
A Court of Queen's Bench judge in Moncton must decide whether the rights of a man charged with impaired driving causing death were violated by the RCMP on the night he was arrested.
Judge George Rideout heard a conflicting tale on Monday of what happened on July 27, 2007.
Alexander Beers, 20, faces charges in connection with the death of 14-year-old Satara Steeves, who was struck and killed as she walked along the Ryan Road in Moncton.
James Fowler, Beers's lawyer, said one of the police officers involved swayed the legal advice of the lawyer on duty that night.
Shortly after Beers was arrested, legal-aid lawyer Yves Robichaud was called. He testified he explained his options to Beers and advised him not to take the breathalyzer test.
On that advice, Beers told police he wasn't taking the test.
He said Sgt. Jeffrey Johnston told him he would face charges for refusing the test and the consequences would be similar to the impaired driving causing death charges.
Beers said he was confused, so the police offered to call the legal aid lawyer back.
Robichaud said Johnston told him he was counselling an offence by telling his client not to take the test and that he would be investigated for his actions.
Robichaud said he had only been on the job for 11 months, and was confused and intimidated by the officer. He said he changed his advice and told Beers to take the test.
Johnston refuted the claim that he intimidated the lawyer during the phone call.
He said he spoke to Robichaud in a professional manner and denied he told Beers the charges would hold the same weight if he refused the breathalyzer.
The judge said he would try to hand down a decision as soon as possible.
Alan Wright, Steeves's uncle, said the latest legal wrangling has been frustrating for the family.
