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A Crown prosecutor instructed jurors they do not have to find out the accused have been kingpins of the protest to search out them responsible.
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LETHBRIDGE — A Crown prosecutor making the case towards three males charged with mischief on the border blockade at Coutts, Alta., instructed jurors Tuesday they don’t have to find out the accused have been kingpins of the protest to search out them responsible.
Steven Johnston mentioned if jurors are glad the three have been demonstrably supporting the blockade, they need to be convicted of mischief over $5,000.
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“The proper to protest doesn’t allow you to lay siege to property for 2 weeks. It was not their freeway to shut,” Johnston mentioned.
“One act, one assertion of encouragement could be sufficient to convict.
“The Crown doesn’t must show these males have been the leaders.”
Johnston made the remark in closing arguments on the trial of Alex Van Herk, Marco Van Huigenbos, and Gerhard Janzen in Lethbridge, Alta.
The Crown mentioned proof exhibits the accused have been key gamers and have become faces of the blockade that tied up site visitors on the Canada-United States border crossing at Coutts for 2 weeks in early 2022 in a protest of COVID-19 guidelines and restrictions.
Johnston mentioned the accused clearly supported the blockade. He instructed jurors the three spoke on behalf of protesters, and the proof “ought to go away you with little doubt these males are responsible.”
“They use the phrases, ‘We — the Coutts convoy,’ ” mentioned Johnston.
“They aren’t some mere messengers. They use the phrases, ‘We, our and us.’ ”
Defence attorneys didn’t name any proof throughout the trial, and the accused didn’t testify.
Nevertheless, in cross-examining witnesses, the defence argued the trio will not be responsible as a result of the demonstration concerned quite a few, strong-willed protesters who didn’t at all times publicly agree and generally went their separate methods.
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Defence lawyer Ryan Durran instructed jurors his shopper, Van Huigenbos, was not a pacesetter however was became a messenger by the RCMP.
“Marco turns into like a switchboard operator connecting calls,” mentioned Durran.
“Marco was there to convey a message. He stumbled into a task the place he was a spokesman. Marco gave the RCMP the information of the day.”
Durran mentioned Van Huigenbos was a part of a bunch who failed to finish the blockade.
“A lot for management. He didn’t begin it. He didn’t management it, and he didn’t finish it. However he carried the message.”
Durran mentioned the three accused can’t be blamed for the actions of “a horde of protesters.”
The prosecution known as a handful of witnesses, together with Mounties who have been on the blockade.
Officers testified that because the protest dragged on, its management coalesced across the accused, and police more and more turned to them to barter.
Sgt. Greg Tulloch instructed courtroom he labored to determine a dialogue with the protesters and recognized Van Huigenbos as the primary contact.
In the course of the cross-examination of Tulloch, a lawyer for Van Huigenbos questioned whether or not his shopper actually was a pacesetter or just a conduit delivering messages to these in cost.
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“Have you ever ever heard the phrase, ‘Don’t shoot the messenger?’ I’m going to recommend that’s actually what Marco was right here. He was a messenger, a communicator, a spokesperson for the group — not a pacesetter,” lawyer Ryan Durran instructed Tulloch.
Tulloch replied: “That’s far too simplified from the impression I used to be left with. As a result of when issues have been taking place, they occurred instantly after Marco mentioned he would do one thing or transmit a message.”
Tulloch maintained that he thought of Van Huigenbos to be on the prime of the interior circle of the protest, adopted by Janzen and, to a lesser diploma, Van Herk.
The defence pointed to a video from the protesters’ gathering spot, Smuggler’s Saloon, the place Van Herk is seen asking for a vote to attempt to get everybody to go away however is met with vocal opposition.
“I don’t care, let ’em come,” says one man on the video.
“The one manner I’m leaving is in a (police) cruiser,” says one other.
Former Coutts mayor Jim Willett was requested underneath cross-examination if there was anybody group in cost on the protest.
“It was a bunch of individuals I didn’t know, driving a bunch of autos who have been upset. That was the impression I received,” Willett mentioned.
This report by The Canadian Press was first printed April 16, 2024.
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