Judge orders new trial for former bouncer
A former Whitehorse bouncer convicted of helping to beat up his co-worker's cousin has been granted a new trial.
A former Whitehorse bouncer convicted of helping to beat up his co-worker's cousin has been granted a new trial.
Robert Lowe was convicted after trial along with a fellow Coasters bouncer, John Singh.
The two men were accused of beating up Singh's cousin, during an alcohol-fuelled dispute which took place in the bar after the doors were closed for the night.
Lowe represented himself at the trial and lost.
In his bid to get a new trial, Lowe's new lawyer argued the territorial court judge didn't give Lowe "adequate assistance” in light of the fact he didn't have a lawyer.
The argument centred around Lowe's last comment to the court, which indicated he thought his statement to police was included in the official record, which it was not.
According to the victim's testimony during the trial, he and Singh went to Coasters around midnight on Aug. 3, 2009, after an evening of drinking and stayed there after closing time.
After a while, the cousin wanted to go home because he said he could feel something wasn't right with Singh.
Soon after, Singh began threatening his cousin and accusing him of "ratting out” one of Singh's "boys”, a man named Ryan Derkson. (Later that year, Derkson was caught up in Project Macer, a cocaine trafficking sting.)
He said Singh punched and kicked him repeatedly, and when he fell off his chair, Singh would prop him back up and continue to assault and threaten him.
At one point, Lowe sat down at the table and Singh asked him, "Should I deal with him or get the boys to do it?”
Then Singh threatened to send "his boys” to his cousin's house to rape his wife, according to the cousin's testimony.
A security video from the bar showed Singh striking his cousin, and shows Lowe sitting at the table as Singh berates his victim.
"The video provides a substantial degree of support for the cousin's claim that he was the victim of an assault and intimidation perpetrated by Mr. Singh,” Judge John Faulkner of the territorial court said in his decision.
"And that Mr. Lowe was involved at least to the extent of adding to the number of players on Mr. Singh's team, adding to the intimidation factor, and thus, abetting the ... assault.”
Singh pleaded guilty to a charge of common assault and was found guilty of uttering threats against the man and his wife.
Lowe was found guilty of assault for his more passive role in the whole affair.
Lowe never testified at trial, but in his cross-examination of a police witness, he indicated he had an alternate theory about who beat up on the man and his wife.
Lowe also indicated he was trying to talk to the man about the domestic violence that night.
But that theory was never considered by the judge because the statement to police, wherein Lowe explained his theory, was never entered as evidence – something Lowe clearly did not understand.
Justice Leigh Gower of the Yukon Supreme Court ordered a new trial.
No date has been set.
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