Mediation fails, city case against Penticton man for bylaw infractions going to trial

PENTICTON – Negotiations to resolve the City of Penticton's case against a Penticton man for bylaw violations have ended and it's going to trial in September.

Paul Braun faces eight counts of bylaw infractions for obstruction under the city’s good neighbour bylaw. Negotiations between the city and Braun's lawyer to settle the matter outside of court have ended.

Braun is well known in the city’s downtown where he is regularly seen sitting near a breezeway on Main Street, which is the behaviour that sparked the bylaw infractions.

Crown prosecutor Troy De Souza told the Penticton court today, June 22, negotiations to settle the matter outside of court that began on May 18 ended on June 20 after Crown became convinced Braun was not serious about complying with the bylaw.

Judge Michelle Daneliuk’s efforts to expedite the upcoming trial were also stymied by an inability of defence and prosecution to agree on any facts prior to its start.

Crown plans to call up to 13 witnesses and that list could not be reduced even though De Souza said up to five bylaw officers could be taken off the list if Braun's lawyer would agree to their evidence as fact.

Defence lawyer Paul Varga said he would still wish to cross-examine the witnesses with respect to the bylaw definition and his client’s behaviour as witnessed by the bylaw officers.

Both lawyers were given specific instructions today by the judge with respect to pre-trial deadlines.

The three-day trial is scheduled to begin Sept. 12, but De Souza said if the witness list could not be trimmed, it was doubtful three days would be sufficient.

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