There are requires extra transparency from Crown prosecutors after expenses towards a person accused of a violent assault on a senior in Vancouver’s Chinatown have been stayed with little public clarification.
The Oct. 11, 2022 assault was captured on safety video.
A 93-year outdated man was knocked to the bottom close to Important and Pender Streets.
Vancouver police stated the sufferer, a neighbourhood resident for 3 a long time, suffered a damaged hip.
A suspect was recognized and on Feb. 15, 2023, a cost of assault inflicting bodily hurt was sworn towards Henry Paul Wiens.
Wiens, 57, was arrested 10 days later following the issuing of a province-wide warrant.
Wiens was scheduled for trial on April 22, 2024, however the BC Prosecution Service (BCPS) stated he failed to look in court docket on that date, and a bench warrant was issued for his arrest.
The following day, court docket information point out the Crown directed a keep of proceedings on the assault cost.
In consequence, the BCPS stated, the remaining trial dates have been cancelled.
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Vancouver Chinatown BIA president Jordan Eng stated the general public has a proper to know what induced the case to break down.
“It was a violent crime you recognize, a 93-year-old particular person being knocked to the bottom for no obvious cause,” Eng informed International Information Friday. “It’s regarding to all of us … somebody needs to be held accountable.”
Besides in uncommon instances the place the assistant deputy legal professional basic determines it’s within the public curiosity to take action, the BCPS stated it doesn’t disclose causes behind the train of its prosecutorial discretion, together with choices to direct stays of proceedings.
On this case, the BCPS stated, some data was supplied to the Crown after the April 22, 2024 warrant was issued for Wiens’ arrest, and it was in a position to make some “impartial enquiries.”
“The choice to remain the costs on this case was made after additional data was acquired by the prosecutor with conduct of the file,” BCPS communications counsel Damienne Darby stated in an electronic mail.
“After reviewing this data and the remainder of the file supplies, the prosecutor concluded the cost approval commonplace was now not met,” Darby added.
“The group, the household, they’ve a proper to know why the proceedings haven’t gone via,” stated Eng.
Felony lawyer and former Crown prosecutor Rob Dhanu, Ok.C., who shouldn’t be linked to the case, stated whereas prosecutorial discretion safeguards democratic values, the BCPS wants to alter its place given data is flowing quick and free within the age of social media.
“The chance that Crown takes after they don’t present data is that area shall be stuffed with misinformation,” Dhanu informed International Information in an interview.
The general public, he stated, can be expressing disillusionment with the prison justice system and claiming it’s a revolving door, and politicians are utilizing that for their very own ends.
“The concern is that when the Crown doesn’t present data, they’re including gas to the fireplace whereas in the event that they supplied some data and clarification, then cheap members of the general public are going to just accept that,” Dhanu stated Friday.
“Prosecutorial discretion doesn’t imply it’s a must to do every thing in secret. Fairly, the prosecution service needs to be offering sufficient data so the general public understands how the system works.”
International Information has since discovered Wiens is alive however on the time the cost towards him was stayed, it was believed he was near dying.
“If a person or an accused particular person is extraordinarily ailing or in the event that they’ve died, then, in fact, there’s no additional foundation for prosecution since you’re not going to have the ability to get that particular person to court docket in an effort to truly prosecute them,” stated Dhanu.
“If that particular person was actually ailing they usually bought higher in some way, then the Crown has the discretion to prosecute them or lay expenses once more.”
When requested if it’s attainable the Crown might re-lay the unique cost on this case, the BCPS stated, “below the Felony Code, the Crown retains jurisdiction to recommence proceedings inside one 12 months of a keep being entered”.
In Wiens’ case, that deadline is April 23.
© 2025 International Information, a division of Corus Leisure Inc.
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