An accused drug dealer walked free from the Victoria courthouse Friday and the reason for his release is sparking anger, frustration and a lot of questions.
“You’ve got the lawyers, the judge, in this case even the witness. Everybody was there but there was no sheriff available to escort the accused to the trial and an accused has a right to be at his trial,” Canadian Bar Association’s B.C. Branch President Michael Welsh said.
“In this case because there was no sheriff, there was nobody else who could take that role on.”
Many are wondering how an accused cocaine trafficker could be freed because there was no one available to escort him from a holding cell to a courtroom which are located in the same building.
The Ministry of Justice said it was a scheduling issue, adding the accused, Richard D’Allesandro, was supposed to appear in court Monday, but he didn’t show up.
He was arrested on a bench warrant and held in custody. The ministry said his case was rescheduled late Thursday and that wasn’t enough turnaround time because the sheriffs needed to escort him Friday morning were busy doing a prison transport.
“I don’t know the details of this particular case but I can say in general terms that everyone has the right when accused of a criminal offence to have a trial in a reasonably expeditious fashion,” Welsh said.
Justice Robert Johnston stayed a charge of possession of cocaine for the purpose of trafficking against D’Allesandro citing a “lack of provincial will to provide the necessary resources.”
“I think the judge felt that the system has just let the public down and wanted to send a message,” Welsh said.
Among sheriffs’ statutory duties is providing security inside and outside courtrooms, serving court documents and escorting the accused and convicted.
But for many years there has been a shortage of sheriffs in B.C. Some say low wages are to blame.
“Sheriff’s are paid comparatively with other law enforcement so poorly that they don’t stay,” Welsh said.
Critics say the court staff shortage is a crisis that has led to delays and cases being tossed, and has put the public’s safety at risk.
That’s why, Welsh said, it’s hoped this issue will be raised in the lead-up to the May 9 provincial election.