Stay of sex charges appealed

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Legal officials are appealing the stay of rape and indecent assault charges against a Roman Catholic bishop, which launched waves of criticism against British Columbia's court system.

And an independent investigator has been appointed to review the Crown's questionable handling of the case against Bishop Hubert O'Connor, Attorney General Colin Gableman said.

"I have been deeply troubled by the issues the case has raised," Gableman said in a media release announcing the appeal and special review.

"The prosecution service in British Columbia enjoys my full support. However, this review is necessary to ensure public confidence in the important service they provide."

O'Connor, former had of the now-defunct St. Joseph's residential school at Williams Lake, is the highest ranking Catholic official in Canada to be charged with sex offences. He has been accused of sexually assaulting four Native women at the school during the 1960s.

A provincial supreme court judge stayed proceedings in December after defence lawyers argued they were not given full access to the prosecution's case against O'Connor.

In appeal documents filed just before Christmas, Crown lawyers argue Justice Allan Thackery made mistakes when he stopped the trial. They say the judge did not consider alternative solutions to defence complaints about how the case against O'Connor was proceeding.

Meanwhile, Robert Gourlay, the president of the B.C. Branch of the Canadian Bar Association, has been appointed to review the Crown's handling of the case and make the findings public. The Crown's lawyer's actions have been a focus for complaints.

Gourlay will review the "management" of the O'Connor prosecution as well as the policies the Crown's office uses to assign lawyers to cases, Gableman said.

At least one judge has said Crown counsel Greg Jones may have been in a conflict of interest at the trial because of his Roman Catholic beliefs.

Provincial court judge Anthony Sarich, who is heading a Native justice inquiry, said there is no evidence Jones' religion influenced the case. But Sarich said he is willing to investigate complaints about Jones, who was also publicly criticized for handling a high number of cases that never get to trial.

Rick Miller, president of the Crown Counsel Association of British Columbia, defended Jones against the attacks. He raised the possibility that staffing levels at Williams Lake might be too low to handle cases effectively.

The stay of the O'Connor case sparked calls for the bishop's ex-communication

and demands for judicial inquiries into the Crown's handling of the case.

But tempers are subsiding around Williams Lake, where news of the stay struck closest to home, said band manager Chris Wycotte.

"Everybody was pretty shocked by the fact it got thrown out. There were a lot

of angry people," he said, adding most people are now waiting to see where official government actions will lead.