(From the affidavit of Jeffrey David Broadbent sworn October 27, 1994)

29.             On September 23, 1994, I found the soil around one of my trees, which lies off the drive but on the easement, to have been freshly dug.  The earth was soft and had fresh leaves mixed in with it.  I pulled away the soil with my gloved hand and found the roots chopped and freshly damaged.  At about this time, my wife came out to tell me that she had taken a call from a neighbour who had witnessed Mr. Townsend damaging this tree the day before.

 

30.       I called the Police and Mr. Townsend was subsequently charged with mischief under the Criminal Code of Canada.  After careful consideration, I asked the Crown Attorney not to pursue the matter at this time and he agreed.

 

(From the exam of Jeffrey D. Broadbent on November 14, 2000)              

436        Q.  So, would that confirm the date?

               A.  But the fact of the matter is, I agree with you that it was an error ‑‑ it was an honest error on our part when I swore this affidavit.  I honestly believe that you had been charged with mischief for that incident.

437        Q.  On September the 23rd?

               A.  No, I believe on October ‑‑ about the October 23rd incident, because I had understood from Constable Lobert that he was in fact going to charge you and he had told you that you would be summonsed in respect of this.  And so at that time I believed honestly that you had been charged with mischief.

 

 

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SUPPLEMEMNARY    REPORT                                                                                        810                             07MAY97                               11:40:40

 

Originating Force:   [5262]   Sault Ste. Marie P.S.                                                                                                     (Incident Date)

00231010-7:     Mischief Under on 23OCT94

At:   FOURTH   LI   E.  SAULT STE MARIE

 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

ENTERED BY.  .  . .   .  . . : 894                   28OCT94       07:13                          OFFICER ………:     0073  POZZO

INCIDENT DATE FROM. :   23OCT94                                                                   TIME …………….:    16:15

                   DATE TO……:                                                                                       TIME …………….:        :      

REPORT DATE ………...:   26OCT94                                                                   TIME …………….:    18:50

 

 

NARRATIVE:

On the 25Oct94 S/Sgt. Pozzo received phone calls from both Jeff Broadbent and Crown Attorney Glen Wasilynuk.

Both persons stated the same thing in regards to the roots being damaged on a tree near the easement of the Broadbent property.

That at this time they will not be pursuing charges of mischief against Mr. Townsend.

 

 

All papers submitted by both parties under this and incident 2286827 will be filed in central records.

Cst. Lobert will be advising Mr. Townsend.

 

 

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