A Yorkton man serving time for trafficking marijuana and who will face another trafficking trial in May was back before the Court Monday on new charges of breaching an undertaking.
Clark Protz appeared by video from Regina Correctional Centre to answer four breach charges. The Crown alleges one count that he failed to keep the peace and be of good behaviour and three counts of interacting with a person, Michael Winter, with whom he is forbidden to have contact.
Protz is currently subject to two undertakings, one from the Court of Queen’s Bench where he was tried and convicted of marijuana trafficking, and one from the Provincial Court where his May trial is scheduled to take place. Both contain no contact clauses with Winter.
At this latest hearing, Protz petitioned Judge Ross Green to lift a Muirhead Order so he could seek legal advice on the charges. A Muirhead Order prevents a defendant who is representing himself from sharing Crown disclosure with the public or the press.
Protz said he believed the Crown and police don’t want the information shared because they are embarrassed by the charges and that the public has a right to know calling the proceedings against him a waste of taxpayers’ money.
The judge refused to lift the order, but advised Protz it did not prevent him from discussing the disclosure with a legal representative.
Protz also requested disclosure related to his upcoming May 11-13 trial be returned to him. He alleges the RCMP “absconded with” the paperwork. He said he had handed it to Winter at his sentencing hearing on November 12, 2015 so Winter could mail it to him in prison.
Winter, who is scheduled for three separate trafficking trials this month, was subsequently arrested on new charges of possession and breach at which point Protz alleges police “stole” his disclosure package.
Green said the federal Crown, represented by David Rusnak, would make sure Protz receives the disclosure.
Winter also appeared by video on Monday. He is currently awaiting a decision by Court of Queen’s Bench as to whether he will get back some or all of the money that was seized when he was originally arrested on trafficking charges.
The decision has bearing on whether Winter will be represented by a private lawyer, Sharon Fox of Regina, or Legal Aid at trial.
The first of his trials was scheduled to begin today, but will not proceed pending the Queen’s Bench decision.
None of the trials may end up being necessary, however, as Winter suggested he was amenable to entering discussions with the Crown for a plea bargain.
