blackbart
07-20-2016, 06:26 PM
Kamloopshunter appealing quasi-guilty court decision
KamloopsThis Week
Tuesday,July 19, 2016
By TimPetruk
The Crownwants a B.C. Supreme Court judge to keep a Kamloops hunter accused of poachinga record-setting sheep in the Yukon from appealing the decision of a lowercourt last year that said he was guilty - sort of.
In Octoberof 2015, Kamloops provincial court Judge Stella Frame issued a ruling statingthe Crown had proven beyond a reasonable doubt its case against Abe Dougan, whostood trial on 12 poaching charges. Frame followed that ruling immediately withanother decision, issuing judicial stays of proceedings on all counts -effectively tossing the charges and allowing Dougan to walk out of thecourtroom without sanction.
The chargeswere thrown out, Frame said, because the Crown took too long to bring them totrial. Dougan's record-setting Dall sheep was killed in 1999. He was charged in2012 and the trial didn't begin until the summer of 2014.
The Crowninitially filed to appeal Frame's decision to stay the charges, which wasfollowed by a cross-appeal from Dougan. The Crown withdrew its appeal in March,but Dougan's appeal is still on the books.
On Tuesday,Crown prosecutor Mark Erina asked B.C. Supreme Court Justice Sheri Donegan toshut down Dougan's appeal before it starts.
Dougan isappealing his conviction, Erina said, but he was never convicted. ThoughFrame's ruling stated the Crown had proven its case, she stopped short ofentering convictions on Dougan's record - presumably because she knew the staysof proceedings were coming.
It hascreated an unusual situation.
"Forthe purposes of determining Mr. Dougan's appellate rights, there is noconviction against which he can appeal," Erina said. "There's ajudgment out there which essentially says he's guilty. I don't think that'swhat he wanted with his stay of proceedings."
Dougansought judicial stays of proceedings due to delay. His lawyer filed theapplication to Frame and did the majority of the arguing over the six courtdays it took to hear it.
"It'sa remedy he sought - the benefit, but also the burden," Erina said."That's a choice he made. The judicial stay has to go before Mr. Dougancan appeal."
Court heardFrame's decision stating the Crown had proven its case against Dougan couldmake it impossible for him to re-establish his career as a hunting guide.Dougan's Big Boar Outfitters is not listed in the member directory of the GuideOutfitters Association of B.C.
"Thisfinding has significant ramifications for him as a guide outfitter,"defence lawyer Kevin Church said. "This is what he does. He is a guideoutfitter."
Church saidconservation authorities can look at such issues in determining whether Dougancan work as a hunting guide.
"Theregional manager can consider if a person in Mr. Dougan's situation isconvicted of an offence under the [Wildlife] Act . . . or another cause thatthe regional manager feels reasonable," he said. "Mr. Dougan'slivelihood certainly depends on his guide outfitter certificate."
Erina saidDougan's stays of proceedings were "tantamount to an acquittal," butChurch argued against that.
"Thisisn't an acquittal," he said. "This is Judge Frame saying the Crownproved its case beyond a reasonable doubt."
Doneganreserved her decision on Tuesday. A date for her judgment has not been set.
Dougan wascharged following a high-tech investigation on the part of Yukon conservationauthorities that used 3D mapping software to locate a mountain range seen inthe background of a picture in a big-game hunting record book.
The photoof Dougan and the trophy sheep was published in the Big Game Records of B.C.record book. Dougan claimed the record-setting Dall sheep was killed in aspecific area in northwest B.C. in which he was allowed to hunt.
Using 3Dmapping software, investigators in the Yukon were able to find a perfect matchfor the photo's backdrop 18 kilometres north of the B.C./Yukon border - an areahe was not supposed to have been hunting.
In 2011,investigators flew a helicopter to the Yukon location they found with themapping software. They took a photograph of the backdrop, which was entered asevidence during Dougan's trial to be compared to the photo from the recordbook.
The photosbear a number of striking similarities.
Therecord-setting sheep isn't the only animal that has landed Dougan in hot legalwater. He's slated to stand trial in November in Williams Lake on three chargesdating back to 2013 - hunting wildlife within six hours of being airborne,unlawful possession of dead wildlife and failure to accompany a person guided.
Last year,he was convicted in a Yukon court on charges alleging he wasted meat fromsheep, caribou and moose killed in 2011 and hunted too soon after beingairborne. In that instance, Dougan was leading a Wyoming hunter looking forstone sheep.
TheAmerican hunter was fined $11,500 and barred from hunting in the Yukon for 10years. Dougan was fined $15,000 and given a 20-year ban on hunting in theYukon.
KamloopsThis Week
Tuesday,July 19, 2016
By TimPetruk
The Crownwants a B.C. Supreme Court judge to keep a Kamloops hunter accused of poachinga record-setting sheep in the Yukon from appealing the decision of a lowercourt last year that said he was guilty - sort of.
In Octoberof 2015, Kamloops provincial court Judge Stella Frame issued a ruling statingthe Crown had proven beyond a reasonable doubt its case against Abe Dougan, whostood trial on 12 poaching charges. Frame followed that ruling immediately withanother decision, issuing judicial stays of proceedings on all counts -effectively tossing the charges and allowing Dougan to walk out of thecourtroom without sanction.
The chargeswere thrown out, Frame said, because the Crown took too long to bring them totrial. Dougan's record-setting Dall sheep was killed in 1999. He was charged in2012 and the trial didn't begin until the summer of 2014.
The Crowninitially filed to appeal Frame's decision to stay the charges, which wasfollowed by a cross-appeal from Dougan. The Crown withdrew its appeal in March,but Dougan's appeal is still on the books.
On Tuesday,Crown prosecutor Mark Erina asked B.C. Supreme Court Justice Sheri Donegan toshut down Dougan's appeal before it starts.
Dougan isappealing his conviction, Erina said, but he was never convicted. ThoughFrame's ruling stated the Crown had proven its case, she stopped short ofentering convictions on Dougan's record - presumably because she knew the staysof proceedings were coming.
It hascreated an unusual situation.
"Forthe purposes of determining Mr. Dougan's appellate rights, there is noconviction against which he can appeal," Erina said. "There's ajudgment out there which essentially says he's guilty. I don't think that'swhat he wanted with his stay of proceedings."
Dougansought judicial stays of proceedings due to delay. His lawyer filed theapplication to Frame and did the majority of the arguing over the six courtdays it took to hear it.
"It'sa remedy he sought - the benefit, but also the burden," Erina said."That's a choice he made. The judicial stay has to go before Mr. Dougancan appeal."
Court heardFrame's decision stating the Crown had proven its case against Dougan couldmake it impossible for him to re-establish his career as a hunting guide.Dougan's Big Boar Outfitters is not listed in the member directory of the GuideOutfitters Association of B.C.
"Thisfinding has significant ramifications for him as a guide outfitter,"defence lawyer Kevin Church said. "This is what he does. He is a guideoutfitter."
Church saidconservation authorities can look at such issues in determining whether Dougancan work as a hunting guide.
"Theregional manager can consider if a person in Mr. Dougan's situation isconvicted of an offence under the [Wildlife] Act . . . or another cause thatthe regional manager feels reasonable," he said. "Mr. Dougan'slivelihood certainly depends on his guide outfitter certificate."
Erina saidDougan's stays of proceedings were "tantamount to an acquittal," butChurch argued against that.
"Thisisn't an acquittal," he said. "This is Judge Frame saying the Crownproved its case beyond a reasonable doubt."
Doneganreserved her decision on Tuesday. A date for her judgment has not been set.
Dougan wascharged following a high-tech investigation on the part of Yukon conservationauthorities that used 3D mapping software to locate a mountain range seen inthe background of a picture in a big-game hunting record book.
The photoof Dougan and the trophy sheep was published in the Big Game Records of B.C.record book. Dougan claimed the record-setting Dall sheep was killed in aspecific area in northwest B.C. in which he was allowed to hunt.
Using 3Dmapping software, investigators in the Yukon were able to find a perfect matchfor the photo's backdrop 18 kilometres north of the B.C./Yukon border - an areahe was not supposed to have been hunting.
In 2011,investigators flew a helicopter to the Yukon location they found with themapping software. They took a photograph of the backdrop, which was entered asevidence during Dougan's trial to be compared to the photo from the recordbook.
The photosbear a number of striking similarities.
Therecord-setting sheep isn't the only animal that has landed Dougan in hot legalwater. He's slated to stand trial in November in Williams Lake on three chargesdating back to 2013 - hunting wildlife within six hours of being airborne,unlawful possession of dead wildlife and failure to accompany a person guided.
Last year,he was convicted in a Yukon court on charges alleging he wasted meat fromsheep, caribou and moose killed in 2011 and hunted too soon after beingairborne. In that instance, Dougan was leading a Wyoming hunter looking forstone sheep.
TheAmerican hunter was fined $11,500 and barred from hunting in the Yukon for 10years. Dougan was fined $15,000 and given a 20-year ban on hunting in theYukon.