The Forth Field Trip - Provincial Supreme Court (11th Mar. 2008)

Communication with Sheriff

Mr.Bill Bhandwar, a sheriff of Supreme Court BC, talked with su student before we started our courts visit.

Mr. Bhandwar, at first, let us name out his duties – responsible for court security and documents service, look after witness, juries and prisoner. Then he answered our questions. He admitted that his job was important but quite boring. He also told us several interesting experience stories on his job; and what kinds of qualifications a Sheriff should possess. My question is the function of the earphone the sheriff used during the case hearing. I thought it was to listen to the speeches as I myself have a deafness problem. But he told me it was used to detect any suspicious sound in the court.

From this meeting, I have learnt something  new about being a sheriff. Apart from being fit and healthy, a sheriff should also be good at communication, alert and self-control. A sheriff needs a good communication skill because he is dealing with different people from Judge, lawyer, prisoners, witness and juries. A sheriff should be alert and calm so that he can manage emergency.

Case No. One  - Criminal Jury Trail
R. v. Benji
Rm. 66
Details: Murder 1st Degree (72/60)
Justice/Judge: Madam Justice Stromberg-Stein
15 Minutes

Benji is charged with kidnapping and first-degree murder. He told his fiancée in 1998 that he kidnapped an acquaintance and then killed him. But up to now, the judges has not given a verdict yet, because they need more evident. Also Benji's former wife was to testify that he twice confessed to being involved in the murder, but she has not come to court to witness as she has gad fear of a risk to her and to the lives and safety of her family. On the other hand, Benji changed his story. He told his new wife that it was a tax driver alone killed that victim. 

The Crown said that the victim was kidnapped after he was unable to produce a sum of money he owed, and that his kidnappers were both Benji and former Yellow Cab driver.

The trail held that afternoon was unattractive. There is no jury, thought on the list, it said that it was a criminal jury trail. The notice on the gallery wrote: Ban in Effect. The Crown was reading something with very soft voice. But the defendant lawyer was active (which shows his relaxation). He turned to look at the people in public gallery, and moved his file here and there.  I did not find the accused one in the court though it was said that Mr. Benji was in custody.

I would suspect the working efficiency in the court. How can a case have lasted for 10 years but still in trail? Why there is no way to comfort the witness to tell the truth?  The taxpayer’s money is wasted on those interminable cases.

Case No. Two  - Civil Trail
Cambridge Plumbing v. Strata Plan
Rm. 42
Details: Breach (2/9)
Justice/Judge: Madam Justice Dorgan
15 Minutes

Strata Plan, a condo development project company, signed a contract with Cambridge Plumbing Systems on the project of repiping a buildings in the Lower Mainland. Cambridge Plumbing sued Strata that Strata did not make a full payment after the project finished.

The respondent claimed its reason of not paying was that the cost of the project increased 1 million dollars comparing with the its original quotation. The plaintiff said that they sent an email to correct the cost to Strata. Strata admitted to receive the email and raised queries on it; Cambridge Plumbing’s reply was to do market research with the products suppliers. Strata claimed that in this case, the new quotation was not accepted, so they paid Cambridge Plumbing with the original quotation.

As my point of view, any quotation in Email is not valid because it has not signature. A responsible and qualified person should sign any quotation. If another party accepts the quotation, a responsible and qualified person should sign back for acceptance. In this case, both party did not act professionally, so if I were the judge, I would give a judgement that the extra cost should be half-half on each party. 

Case No. Three - Criminal
Regina v. Hernandez et al
Rm. 20
Details: Kidnapping (12/80)
Justice/Judge: Mr. Justice Silverman
30 Minutes

Hernandes and his fellows were accused to kidnap a UBC student with gunpoint at a street when the victim and his girlfriend were driving to school. The victim was rescued eight days later by police.

Those arrested ( I am not sure how many, may be 4 or 5 people) rent a van to do the crime, and they left a CD and cell phone charger on the Van.  Now those accused young men, around 19 to 22, are on trial in B.C. Supreme Court. The case was being tried by judge alone.

During the court, the Crown showed a Video Tape that one of the accused confessed their crime. I got shocked when hearing the young man’s reply to the detective’s question that what he would do if he were not in the prison. The accused said that he would go to Grade 12 to finish his high school course.  It seems that though those young men are at age of adult, their brains and mentalities are still remaining at childhood. The accused knows that he should continue his study, however; he does not realize that he must take responsibility for his behavior and abbey the law. I would suggest that education on law shall start earlier, the best time is from Grade 8. Education of Law is more important than any other course because it is related with the quality of the young, who will build up a society.