What was supposed to be a sentencing hearing Thursday morning turned into renewed question of a man香蕉视频直播檚 guilt in a bizarre turn of events.

A 27-year-old Summerland man, who can香蕉视频直播檛 be named due to a publication ban, was accused of sexual interference with a pair of minors during a movie night, and pleaded guilty to the charge, but leading up to his sentencing hearing came to disagree with some of the core points of the charges.

香蕉视频直播�(Sexual assault) is a very broad concept, and it may not meet the criteria. But at least at this point, all we were prepared to do today is we understood from the last hearing was to come here and give the facts on sentencing,香蕉视频直播� defence lawyer Don Skogstad said in court.

香蕉视频直播淎nd then we find out that the Crown can香蕉视频直播檛 prove their case. We香蕉视频直播檙e not going first; we don香蕉视频直播檛 have to and we don香蕉视频直播檛 want to.香蕉视频直播�

Ultimately, the issue has come down to a disagreement about the facts, but Skogstad spoke cryptically about where the disagreement lay.

That said, he did acknowledge there was a guilty plea already entered, saying he felt it was due to the 香蕉视频直播渂road concept香蕉视频直播� of sexual assault. He hinted that the defence香蕉视频直播檚 alleged offences would have fallen on the less severe end of that spectrum, even questioning whether there was illegal conduct.

香蕉视频直播淭he most you could say was there was close contact with another person and not involving the private parts of the body,香蕉视频直播� Skogstad said. 香蕉视频直播淭hat could be considered sexual assault.香蕉视频直播�

Skogstad flirted with the idea of getting into a trial over the matter, but failed to charge headlong into an expungement application to revoke the guilty plea, for which there is an exceptionally high legal bar to clear.

香蕉视频直播淭hat香蕉视频直播檚 not been decided your honour. I don香蕉视频直播檛 have those instructions today. My instructions today, ever since the last hearing, was to be prepared to deal with the facts on sentencing,香蕉视频直播� Skogstad said. 香蕉视频直播淎nd we are. We香蕉视频直播檙e here.香蕉视频直播�

But Crown was unable to proceed with the sentencing hearing, with no witnesses to corroborate aggravating circumstances in the instance 香蕉视频直播� and Crown lawyer Andrew Vandersluys, sitting in for lawyer Anne Lerchs, indicated the prosecution was having difficulties moving forward with such fundamental disagreements on the charges and without knowing what the full details of what is being disputed.

香蕉视频直播淗is client denies it. If what香蕉视频直播檚 being read is denied, we香蕉视频直播檙e at the very heart of the charge,香蕉视频直播� Vandersluys said. 香蕉视频直播淚 don香蕉视频直播檛 see how a guilty plea can be maintained if all that happened was close contact in the presence of another person. That香蕉视频直播檚 not sexual assault.香蕉视频直播�

Judge Gregory Koturbash appeared perplexed by the change of circumstances with the defence, agreeing that the sentencing should not move forward without knowing from where the main denials arose.

But Skogstad remained mum on the issue, asserting he had no legal obligation to spill the defence before the Crown has brought forward all of its evidence.

香蕉视频直播淚t just doesn香蕉视频直播檛 make sense to me. I香蕉视频直播檝e never seen something like this,香蕉视频直播� Koturbash said, with Skogstad expressing much the same.

香蕉视频直播淭hey have to prove some event that amounts to sexual assault,香蕉视频直播� Skogstad responded, but was cut off by Koturbash who said the Crown didn香蕉视频直播檛 need to prove the crime 香蕉视频直播� it had been admitted through a guilty plea.

The hearing grew tense between Skogstad and Koturbash, who disagreed on whether or not the defence needed to delve its side of the story to proceed.

香蕉视频直播淵ou need to help me along, here, and say on what basis you entered a guilty plea,香蕉视频直播� Koturbash said, adding it is not up to the Crown to prove the defendant香蕉视频直播檚 guilt. 香蕉视频直播淚t香蕉视频直播檚 a sentencing now. We香蕉视频直播檙e dealing with a sentencing. He香蕉视频直播檚 foregone the right to have a trial. He is not presumed innocent. He is guilty.香蕉视频直播�

In the case of one of the minors, Skogstad denied any guilt on the part of the defence, claiming that person had turned 16 before the incident occurred.

香蕉视频直播淚f that fact is denied in and of itself, that香蕉视频直播檚 a big problem,香蕉视频直播� Vandersluys said.

香蕉视频直播淗e probably needs to retain different counsel,香蕉视频直播� Koturbash added, to which Skogstad said he would likely be consulting with other lawyers.

After a lengthy adjournment to discuss the issue with his client, Skogstad told the court more time would be needed to determine how to move forward.

dustin.godfrey@pentictonwesternnews.com
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