Lawyer for MP who refused breathalyzer test pushing for more evidence from police
Published Friday, November 16, 2012 4:47PM MST
Last Updated Friday, November 16, 2012 7:13PM MST
The lawyer representing an Edmonton Member of Parliament who was charged with refusing to give a breath sample last winter is pushing for more evidence from police, before the case goes to trial.
Dino Bottos, who represents Edmonton East MP Peter Goldring, has asked for more records of police communications from the night his client was arrested.
Goldring was arrested on December 4, 2011, at 12:23 a.m. after police pulled him over while he was on his way home from a Christmas Party in his riding.
He said he had only had one beer at the party, and was not impaired – but he was arrested and charged for refusing to give a breath sample.
The Crown has provided some police communications, but Bottos wants all communications from the North Division from 11:19 p.m. on December 3, to 1:45 a.m. the next day – court heard there could have been up to 300 radio calls in that time from that police division.
Goldring’s lawyer is also asking for the cellphone records of conversations between two officers who were on duty that night, written records and reports from one officer, and records of any tips that might have come in from the public that night.
In the disclosure hearing in court Friday, Crown Prosecutor Laura Marr said that all relevant communications have been disclosed – and some records Bottos is looking for don’t exist, including records of tips from the public.
Police Chief Rod Knecht hired a separate lawyer, Katrina Haymond, who was awarded standing in the case – she argued that sharing all of the radio records Goldring is looking for, would also share information on unrelated investigations.
Goldring was a member of the Conservative caucus, but was ousted after his arrest, and now sits as an independent.
He has said the circumstances of police pulling him over, and how he was treated, will form part of his defence.
The MP has said roadside breathalyzers breach individual rights, to be presumed innocent and not self-incriminate, and he will use his defence to advance that cause.
The accused has represented the Edmonton East riding since he was elected as a Reform candidate in 1997.
If he’s found guilty, he could face a minimum $1,000 fine, up to five years in jail and a driving prohibition.
With files from The Canadian Press