The Court of Appeal of B.C. has ordered a new trial with a jury for a man convicted of various crimes related to harassment of the same woman.
Yakup Cetin was originally charged with 16 offences arising from an alleged series of actions of harassment against the woman in Vancouver, Justice Harvey Groberman wrote in the newly released June 14 unanimous decision of the three-judge panel.
Cetin was convicted in B.C. Supreme Court on five counts. Those included breaching no-contact and bail orders as well as attempted break-ins.
However, the appeal involved not so much the crimes but the manner of Cetin’s trial.
Groberman said that 62 days prior to his scheduled trial, Cetin filed a request to re-elect from trial by judge alone to trial by judge and jury.
“Apparently unaware that the request had been made more than 60 days before trial, the judge indicated that the re-election could only be honoured with the consent of the Crown,” Groberman said. “The Crown declined consent, and the matter proceeded before judge alone.”
Groberman said the failure to allow the re-election was an error in law.
“The matter is remitted to the Supreme Court for a new trial by judge and jury,” Groberman ruled.
The judge said the case returns to court on a charge of criminal harassment, attempted break and enter into a dwelling house with intent to commit an indictable offence and three counts of breach of a condition of a release order.
He said 11 counts of uttering a threat to cause death or breach of a condition of a release order to which Cetin pleaded guilty will stand.
Also not affected are: charges of arson where there was a not guilty verdict and counts of prowling at night and mischief to property where Crown entered stays of proceedings.
