On Monday, 19 February, 2001 there was a demonstration outside of the Victoria Provincial Courthouse at 850 Burdett Ave. (at Blanchard & Burdett) in support of the 11 arrestees from Salt Spring Island.
Supporters are showing daily at the courthouse. Everybody is invited to attend. This site will report on the trial as it proceeds.
Two of the defendents failed to show up and an arrest warrant was issued for them. The rest, aged 16 to 88 are charged with Criminal Contempt of Court for defying a court injunction against interference in the logging.
"Logging truck" being carried to the courthouse.
From the Victoria Times-Colonist, February 24, 2000
Judge snubs `expert' testimony:
Salt spring protesters lose bid to qualify witnesses to appear
By Kim Westad
There'll be no Lady Godiva or eco-psychologist or foresters or political science professors testifying at the trial of 11 protesters accused of criminal contempt of court.
B.C. Supreme Court Justice Peter Lowry refused Friday to allow the seven potential experts to testify, saying their evidence is not relevant in deciding the guilt or innocence of the accused.
It may be evidence that could be relevant at a sentencing, if any of the accused are convicted of criminal contempt, Lowry said.
Eleven people are charged with breaching a May 10 injunction prohibiting interference with logging of land owned by the Texada Land Corporation on Saltspring Island.
Nine showed up for trial, and one has pleaded guilty.
Defence lawyers asked to have several people qualified as experts, all of whom the judge refused, saying their evidence as expert witnesses was inadmissible.
The potential experts included Briony Penn, a UVic sessional instructor and specialist on protected area planning who last month rode a horse to Texada Land Development offices in downtown Vancouver while wearing only flesh-coloured underwear.
The list also included a UVic political science professor talking about social movements, a psychologist set to testify about what forests mean to different people, a water expert and international law experts.
The experts' evidence is not needed to prove any fact, Lowry ruled.
Witnesses in court cases usually testify only of what they see and hear. They aren't allowed to give opinions, unless they have been specially qualified as ``expert'' witnesses by the judge.
Then, the expert has the education and experience in a particular field that allows them to testify and inform the court on the conclusions or inferences to be drawn from proven circumstances, Lowry said.
That has not been done in this case.
Several of the accused will testify, and some did Friday.
Jason Flis testified that he never thought about whether his May 16 actions, when he chained himself to a logging truck, would have a negative effect on how the courts are viewed by the public.
Criminal contempt of court differs from civil contempt of court in that the actions are of a more public nature. As well, criminal contempt actions are seen to bring the administration of justice into disrepute, by the fact that a court order is knowingly ignored.
``It doesn't bring (the courts) into disrepute. Civil disobedience fixes greater problems than it creates,'' Flis testified.
``It doesn't matter how much you uphold the law if we do not have a place to exist,'' Flis added, to the clapping of the other accused and their supporters filling the courtroom.
The trial continues Monday, Feb. 26
For more trial coverage: http://treenews.boltpages.com/greenislandvision/id3.html
For Bea Neville's intended statement to the judge: http://treenews.boltpages.com/greenislandvision/id1.html
