leaffan (![[info]](http://l-stat.livejournal.com/img/userinfo.gif){kind=small} leaffan) wrote,@ 2007-03-15 13:47:00 |
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The Globe and Mail
National News, Thursday, March 15, 2007, p. A3
Judge's cussing called non-issue
Students on outing exposed to swearing
Rod Mickleburgh
Vancouver BC - Swearing to tell the truth is required of all courtroom witnesses.
But B.C. Supreme Court Justice Peter Leask did some courtroom swearing of his own this week. And his oaths had nothing to do with swearing on a Bible.
"He'd have had to have been out of his fuckin' mind to store [the cocaine] in his own locker," Judge Leask observed, during a series of prolonged, often
colourful exchanges with prosecutor Ernie Froess in a cocaine-smuggling case.
Later, the plain-talking judge speculated on an associate of the accused this way: "He can minimize the risk of detection and apprehension by just aborting
the whole fucking thing, right?"
Judge Leask also sprinkled in a "what the hell," an "oh shit" and two "goddamns" during his morning bantering with Mr. Froess.
In and out of the court at the time was a class of young high-school students on a class field trip.
A judicial source, who spoke on condition of anonymity, said he had never heard of such language being used by a judge in court.
"It's expected that judges are above reproach and vulgar language does not seem to conform to that."
Yesterday, a day after his remarks, Judge Leask acquitted Glen Hehn on a charge of possessing 52 kilograms of cocaine, saying there was a reasonable doubt
that Mr. Hehn knew the cocaine had been stored in his locker.
Outside the court, defence lawyer Neil Cobb called the judge's choice of words a complete non-issue.
Mr. Cobb said Judge Leask was merely adopting the vernacular of a cocaine dealer already convicted and sentenced to 16 years for his involvement in the
same, high-profile drug case.
"It was the judge putting himself in the shoes of a convicted drug dealer who pleaded guilty. . . . I'm told that Judge Leask doesn't even swear outside
court. There's absolutely no story here."
Judge Leask, appointed to the B.C. Supreme Court in 2005 after a long, successful career as a criminal defence lawyer, was also defended by retired provincial
court Judge Wallace Craig.
"I like a judge with passion, someone who is not afraid to express himself and bring some real life to the courtroom," said Mr. Craig, who spent 26 years
on the bench. "More power to him."
He said he himself had let expletives slip out when particularly exasperated by the stances of lawyers before him.
"I once told a defence lawyer: 'Your client's an asshole.' And he replied: 'Yeah, I know he is,' " Mr. Craig recounted.
He said he hopes Judge Leask doesn't get into trouble over his comments. "He is a very volatile, passionate man. I sympathize with him. He's a human being
and these things will happen."
Late yesterday, B.C. Attorney-General Wally Oppal, a former Supreme Court judge, agreed that Judge Leask's language was "unusual." But he suggested that
sometimes, in a drug trial, "you have to use particular language to put things in context." Mr. Oppal added: "I'm not defending him. I'm not criticizing
him, either."
Category: National and International Politics
Uniform subject(s): Trials and lawsuits; Court and administration of justice
Subject(s) - The Globe and Mail : Courts; Justice; Judges; Statements; Legal Profession
Geographical location(s) - The Globe and Mail : British Columbia
Name(s): Peter Leask; Glen Hehn
Length: Medium, 393 words
© 2007 The Globe and Mail. All rights reserved.
National News, Thursday, March 15, 2007, p. A3
Judge's cussing called non-issue
Students on outing exposed to swearing
Rod Mickleburgh
Vancouver BC - Swearing to tell the truth is required of all courtroom witnesses.
But B.C. Supreme Court Justice Peter Leask did some courtroom swearing of his own this week. And his oaths had nothing to do with swearing on a Bible.
"He'd have had to have been out of his fuckin' mind to store [the cocaine] in his own locker," Judge Leask observed, during a series of prolonged, often
colourful exchanges with prosecutor Ernie Froess in a cocaine-smuggling case.
Later, the plain-talking judge speculated on an associate of the accused this way: "He can minimize the risk of detection and apprehension by just aborting
the whole fucking thing, right?"
Judge Leask also sprinkled in a "what the hell," an "oh shit" and two "goddamns" during his morning bantering with Mr. Froess.
In and out of the court at the time was a class of young high-school students on a class field trip.
A judicial source, who spoke on condition of anonymity, said he had never heard of such language being used by a judge in court.
"It's expected that judges are above reproach and vulgar language does not seem to conform to that."
Yesterday, a day after his remarks, Judge Leask acquitted Glen Hehn on a charge of possessing 52 kilograms of cocaine, saying there was a reasonable doubt
that Mr. Hehn knew the cocaine had been stored in his locker.
Outside the court, defence lawyer Neil Cobb called the judge's choice of words a complete non-issue.
Mr. Cobb said Judge Leask was merely adopting the vernacular of a cocaine dealer already convicted and sentenced to 16 years for his involvement in the
same, high-profile drug case.
"It was the judge putting himself in the shoes of a convicted drug dealer who pleaded guilty. . . . I'm told that Judge Leask doesn't even swear outside
court. There's absolutely no story here."
Judge Leask, appointed to the B.C. Supreme Court in 2005 after a long, successful career as a criminal defence lawyer, was also defended by retired provincial
court Judge Wallace Craig.
"I like a judge with passion, someone who is not afraid to express himself and bring some real life to the courtroom," said Mr. Craig, who spent 26 years
on the bench. "More power to him."
He said he himself had let expletives slip out when particularly exasperated by the stances of lawyers before him.
"I once told a defence lawyer: 'Your client's an asshole.' And he replied: 'Yeah, I know he is,' " Mr. Craig recounted.
He said he hopes Judge Leask doesn't get into trouble over his comments. "He is a very volatile, passionate man. I sympathize with him. He's a human being
and these things will happen."
Late yesterday, B.C. Attorney-General Wally Oppal, a former Supreme Court judge, agreed that Judge Leask's language was "unusual." But he suggested that
sometimes, in a drug trial, "you have to use particular language to put things in context." Mr. Oppal added: "I'm not defending him. I'm not criticizing
him, either."
Category: National and International Politics
Uniform subject(s): Trials and lawsuits; Court and administration of justice
Subject(s) - The Globe and Mail : Courts; Justice; Judges; Statements; Legal Profession
Geographical location(s) - The Globe and Mail : British Columbia
Name(s): Peter Leask; Glen Hehn
Length: Medium, 393 words
© 2007 The Globe and Mail. All rights reserved.
