Lubicon arson case a mistrial-Judge rules evidence heard was inadmissible

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The first in a series of 13 trials for the Lubicon band members charged with fire-bombing a logging camp has been declared a mistrial.

Justice J. McFadyen discharged the 10 women and two men March 8 after ruling that certain evidence heard in the trial of Reinie Jobin was inadmissible.

McFadyen said the evidence in question, police transcripts from two separate conversations with Jobin, risked prejudicing the jury against the defence.

She would not, however, explain how she came to her decision as that would itself risk further prejudice.

Jobin was charged with arson and mischief for a fire in November, 1990 that did

an estimated $25,000 damage to a logging camp at Haig Lake, 350 kilometres north of Edmonton.

The camp, run by Buchanan Lumber, a subcontractor to Diashowa Canada's Peace River pulp mill, was on land claimed by the Lubicon.

McFadyen apologized to the jury for her decision.

"I feel let down by a job not done," she said.

Defense lawyer Ken Staroszik said he was pleased with McFadyen's ruling. He said the evidence garnered from police interrogations was inadmissible because it violated Jobin's right to remain silent and to have legal counsel present during questioning.

Jobin was questioned by RCMP officers on two separate occasions, Straroszik said. The first occurred on the night of Nov. 29, when RCMP stopped and detained Jobin on a highway for more than two hours. Jobin was not told he was under arrest, nor why he was being detained.

And on Dec. 4, Jobin was brought into the RCMP detachment at Red Earth for questioning. Although Staroszik said his client's rights were again violated, he would not give any details on the incident.

McFadyen's ruling was one in a series of problems that have plagued the proceedings, said Staroszik. The Crown prosecutor and the police were not disclosing relevant evidence in a timely manner.

They were also producing internal minutes form meetings and memorandi referring to a case involving the Lubicon's land claim, and not the fire-bombing, said Staroszik. As a result, the Crown was producing documents for a case against the land claim, not for the case against Jobin.

"This trial never really got going right. It never got going in spirit."

And Staroszik said he does not expect a new trial to begin before the summer as there are other issues over the case that need to be dealt with first. The Supreme Court

of Canada must first consider the compellability of Lubicon band members to testify against the accused.

"Witnesses have stated that they didn't want to testify against themselves," he said. "This could really divide the community."

The Supreme Court has heard two similar cases over compellability, but both

were dismissed when the Crown withdrew so a decision has never been made. The prosecution's case rests on the testimony of the witnesses, Staroszik added.

Jobin's next court appearance is scheduled for April 13. No trial dates have been set for the other 12 Lubicon.