RCMP Sgt. Jennifer Hyland and Insp. Derren Lench asked teens to stop sharing the graphic photographs during a press conference in Sept. 2010.

Judge to rule on mistrial in Pitt rave case

Crown asks to bring in new monitors, defence opposes application.

A trial for a young man accused of posting to Facebook pornographic photographs taken during a rave in Pitt Meadows remains in limbo as a judge decides whether to bring proceedings to a halt.

Provincial court judge Shehni Dossa will rule on whether to declare a mistrial for Dennis John Allen Warrington on Oct. 24.

A lawyer for Warrington called for mistrial last week after Crown prosecutor Wendy van Tongeren Harvey asked the court to allow her to set up larger monitors.

Warrington faces one count each of possessing and distributing child porn.

The larger monitors, with better quality video cards, would be used to show the graphic photographs, which were taken during a party held at a farm on Harris Road, Sept. 10, 2010.

Crown believes the larger monitors will display the best image possible and help the alleged victim – who was 16 at the time – to identify herself in the photographs. She viewed the photographs on same, larger monitors when she filed a complaint with police.

A larger monitor was set up in court on Friday and Warrington’s lawyer Marvin Stern noticed a marked difference in the quality of images it displayed.

“We can see this very significant difference,” said Stern, as he argued for a judge to bring Warrington’s trial to an end.

Stern noted Crown made the application for new monitors on Day 8 of Warrington’s trial, after key witnesses had already testified.

He said recalling witnesses would be “extremely cumbersome” at this stage of the trial.

“You are dealing with a case that Parliament has dictated a mandatory minimum sentence,” said Stern, referring to changes to the Criminal Code that impose a minimum sentence of six months for possessing or distributing child pornography.

Crown, however, reminded the judge that a mistrial must only be considered as a last resort.

“The law says that a mistrial should be granted only in the clearest of cases … other remedies should be considered before,” said van Tongeren Harvey.

Outside court, van Tongeren Harvey was positive that the judge would rule in her favour.

“I’m optimistic,” she said.

Crown’s application has effectively stalled the trial for Warrington, who is the only adult still facing charges in connection with the rave.

Colton McMorris was charged with sexually assaulting the 16-year-old girl photographed at the rave, but the charge was stayed in February after Crown found the available evidence was unlikely to land a conviction.

The teenage girl has yet to testify at the trial. She was scheduled to take the stand last week, but her testimony has been delayed until the judge rules on a mistrial.

Just Posted

Hundreds attend Hells Angels funeral in Maple Ridge

Body of Chad John Wilson found last month face-down under the Golden Ears Bridge.

Dwillies stepping down from Haney Farmers Market

Maple Ridge senior spends majority of life focused on food

MacDuff’s Call: Respecting Christ as part of Christmas

Tradition of helping people less fortunate is huge part of season.

Wrestlers rally to save Ramblers team

Loss of MRSS annex threatens successful program

Ryder helping others stay dry for holiday season

Raised more than $4,200 to purchase boots and winter gear for people living in poverty in Maple Ridge.

Ridge hospital foundation helps with mental health

Donates a possible $500k for youth wellness

Man dies after falling from B.C. bridge

Intoxicated man climbed railing, lost his balance and fell into the water below

B.C. animation team the ‘heart’ of new ‘Spider-Man: Into the Spider-Verse’

The animators, largely based in Vancouver, ultimately came up with a creative technique that is drawing praise

Light at the end of the tunnel for UN climate talks

Meeting in Katowice was meant to finalize how countries report their emissions of greenhouses gases

Gas prices to climb 11 cents overnight in Lower Mainland

Hike of 17 cents in less than 48 hours due to unexpected shutdown of Washington state pipeline

Janet Jackson, Def Leppard, Nicks join Rock Hall of Fame

Radiohead, the Cure, Roxy Music and the Zombies will also be ushered in at the 34th induction ceremony

Supreme Court affirms privacy rights for Canadians who share a computer

Section 8 of the Charter of Rights and Freedoms protects Canadians against unreasonable search and seizure

B.C. fire chief pleads with Ottawa for traumatic stress support

Campbell River fire chief Thomas Doherty presented concerns to federal government

37% of Metro Vancouver sees real estate industry as ‘extremely corrupt’

Report comes as the B.C. government continues to probe alleged links of money laundering in casinos to real estate

Most Read