A pair of guide outfitters accused of illegal bear poaching will be tried in November after their original trial was adjourned due to COVID-19.
Judge Michelle Stanford agreed in 100 Mile provincial court last month to adjourn the trial for Steven James Mohr, 77, and his son Kurt Walden Mohr, 41, after hearing their spouses were suffering from COVID-19 symptoms including fever chills, fatigue and gastrointestinal issues.
“I’m not comfortable having them in court or able to sit down and talk to them,” defence counsel Kevin Church noted at the time.
Crown Counsel Nadia Farinelli opposed the adjournment, noting the proceedings have been ongoing for four years. The father and son are charged under the BC Wildlife Act with guiding for game without a licence in the June 2018 incident. Kurt Mohr is also charged with failing to remove edible portions of a carcass.
Farinelli noted two undercover American officers had travelled 18 hours - at the BC Prosecution Services’ expense - to testify and should have the opportunity to testify in person. She suggested the trial go ahead virtually, saying the accused are only required to self-isolate if they have symptoms, which neither man did.
“I’m just concerned about the precedent that’s going to set among other things”
Farinelli also raised concerns that the two men run a hunting business and bear season would start in May or June. Part of the Crown’s case, she said, is that the Mohrs poach one bear every four days during bear season, which translates to about 70 bears a year.
However, Church argued Crown’s characterization of the alleged illegal bear operation was “highly subjective” of the evidence.
“If that was such a big concern, five bear seasons have passed since the alleged action and laying the information. It is excessively rich for them to say now they are concerned about this because it’s an ongoing issue. It’s insulting really.”
He added the case should be adjourned as the two men could come down with COVID during trial and they would have to delay the proceedings. Also, he noted the elder Mohr was not tech-savvy and wanted to be in court for trial so he had access to counsel at all times.
“Whether this is germane or not, he’s old-fashioned,” Church told the court. “He wants to be able to sit here and give me instructions and take notes and talk to me at break and give me instruction.”
Stanford said after considering a number of criteria, ranging from the timeliness of application to potential prejudice right to a fair trial, she felt an adjournment was best.
“I view this as an unavoidable and unforeseen occurrence.”
The trial is slated for Nov. 7-10 and Nov. 29-30.
kelly.sinoski@100milefreepress.net
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