Weapons to be returned to Crow Lake man

An application for the revocation of the permit to own firearms against 58-year David Courtney of Crow Lake, was rejected by Judge Geoff Griffin at this month’s sitting of the Sharbot Lake Criminal Court.

The application came about as the result of an incident that occurred at Mr. Courtney’s home. His partner Kelly Meckling phoned 911 one day in the early fall, to report that Mr. Courtney had uttered threats against her. She also reported that she was locked in a room out of fear of what he might do.

Meckling testified during the hearing, on Monday morning this week, that she was in a difficult state at the time, which was shortly after the death of her son. She testified that Courtney has never threatened to use firearms against her or anyone else. She also said that she has questioned how the police handled the situation that day, and her and Mr. Courtney lodged a complaint against the police, which is being handled by way of mediation.

In his own testimony, Courtney said that he is a lifelong hunter and has never used firearms for any other purpose. He offered that two years ago he received a diagnosis of Post-Traumatic Stress Disorder that was precipitated by incidents that took place in the late 1970’s, in the first months of his four-year career with the Canadian Military. He had been treated over the years for a number of disorders, including seizures, and the PTSD diagnosis has resulted in getting off of a number of medications and entering into a treatment program. His doctor provided a letter stating she does not consider that allowing him to keep his firearms poses a danger to himself or others.

There were two police officers scheduled to testify for the Crown, but they had not been served with the proper documentation and were not in court. One of them was taking training on the day of the hearing. For his part, the Crown’s lawyer pointed out that Mr. Courtney never disclosed any of his health issues when applying for permits over the years, and that his own admissions in court about his mental state was “troubling”.

Judge Griffin said that he was going to reject the application by the crown, and permit Courtney to re-claim his weapons. He said that he is required to provide reasoning for his decision.

“Mr. Courtney’s testimony was forthright and complete. There is no suggestion that he has ever misused firearms. All of that signals a responsible citizen. The letter from his doctor suggests, as well, that his possession of firearms poses no risk to himself or others,” Griffin said.

Illness puts more doubt on long delayed fraud trial-

Trial dates on April 29th and June 21st have been set aside for two counts each of Fraud over $5,000 against Jessica Villa (39) and Gypsy Villa (59). The case has been fraught with delays over a two year period. This is mainly due to changes in Mr. Villa’s legal team, his delayed application for legal aide, and health concerns that he has presented to court. While the law firm representing Jessica Villa is ready for the spring and early summer trial dates, Mr. Villa’s legal team is not sure he will be able to participate. His lawyer arrived in court to present a letter from Gypsy Villa’s family doctor, which stated that he will be undergoing a biopsy in February, which may lead his medical team to recommend six months of treatment for abdominal cancer.

“If that is the case, he will be unable to participate,” said the lawyer.

The April 29th and June21st dates have been set for the trial, and a reporting date of April 1st, when Mr. Villa’s lawyer will bring information to the court about his medical status.

First appearances
Tod Boutilier is charged with operating a vehicle while disqualified. He will return on February 25.

Lezlie Dunham is charged with theft under $5,000. Diversion is being offered in her case. She has one month to make a $125 donation to Rural Frontenac Community Services or the North Frontenac Food Bank, after which time the Crown is willing to withdraw the charge.

Withdrawal
Charge of driving while impaired and driving with more than 8.0mg/100m of blood against Lynn Porteous (56) have been withdrawn at the request of the Crown.

Ongoing
John TJ Badour (20) was already charged with driving while impaired, possession of stolen property valued over $5,000, impersonating an individual with the intent to deceive, and failing to comply with probation. He is now also facing two new charges of assault, and assault with a weapon. He will return on February 25.

Application under Firearms Act
Terry Koeslag informed the court that he is voluntarily accepting a Crown application to rescind his permit to possess firearms and will transfer possession of his firearms to relatives in the near future. He maintains the right to re-apply for a firearms possession certificate later on.