Claims against judge thrown out by Court of Appeal

VERNON – A Vernon man’s appeal on dangerous driving and stolen property charges has been thrown out, despite his claims that a trial judge handled the matter unjustly.

Robert Andel, 58, was found guilty of stealing a Dodge Ram truck and driving it into a house on January 31, 2010. In his appeal, Andel says the judge wrongly used his criminal record in forming his decision, and ignored crucial evidence given at the trial.

Based on Andel’s statement to police, the trial judge found he was “prepared to fabricate evidence.” Combined with a history of “disrespect for the law” and a conviction of perjury in 1986, the judge rejected Andel’s evidence “without any hesitation at all.”

The second ground for appeal was that the judge misapprehended evidence that a man named Rick, whose identity has never been made known, was in fact the true driver of the Dodge, and escaped before police arrived at the scene. The trial judge described Andel as being “cagey” and “dishonest” with police.

In her decision, Justice Mary Newbury dismissed both grounds, stating the judge was entitled to use Andel’s criminal record to assess credibility, and that no evidence had been misapprehended, “although it (reasoning) might have been stated a little more carefully.”

To contact the reporter for this story, email Charlotte Helston at chelston@infotelnews.ca, call (250)309-5230 or tweet @charhelston.

News from © iNFOnews.ca, . All rights reserved.
This material may not be published, broadcast, rewritten or redistributed.

Join the Conversation!

Want to share your thoughts, add context, or connect with others in your community?

Charlotte Helston


REPORTER

Charlotte Helston grew up in Armstrong and after four years studying writing at the University of Victoria, she came back to do what she loves most: Connect with the community and bringing its stories to life.

Covering Vernon for iNFOnews.ca has reinforced her belief in community. The people and the stories she encounters every day—at the courthouse, City Hall or on the street—show the big tales in a small town.

If you have an opinion to share or a story you'd like covered, contact Charlotte at Charlotte Helston or call 250-309-5230.

Charlotte Helston's Stories

Twitter

Facebook