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Baptiste sentenced for dangerous driving; more serious charges dropped

A settlement was reached Friday with respect to impaired driving charges against Red Pheasant First Nation Chief Stewart Baptiste.
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A settlement was reached Friday with respect to impaired driving charges against Red Pheasant First Nation Chief Stewart Baptiste.

The charges of operating a motor vehicle while impaired, as well as refusing to comply with a demand for a breath sample were withdrawn by the Crown. Instead, Baptiste pleaded guilty to the lesser offence of dangerous driving.

He also entered a guilty plea to a failure to attend court dating back to January 2011.

Baptiste was sentenced to a $1,000 fine and a $250 surcharge on the dangerous driving count and received a three-month driving prohibition. For the failure to appear charge, he received a $200 fine and $50 surcharge. All other charges were withdrawn.

The case against Baptiste dates back three years and stemmed from an incident near Biggar in October, 2010. In the meantime, Baptiste had been in and out of provincial court in North Battleford on several other charges including mischief, breach of probation and failure to comply with a probation order.

His court appearances prompted frequent protests outside the courthouse in North Battleford, although there were no protesters at this latest appearance.

Baptiste's impaired driving/refusal trial had already been delayed a number of times before it finally got under way July 12.

The trial was expected to take up much of the day. However, as soon as proceedings began a dispute erupted over a disclosure issue on the refusal charge.

The issue revolved around the instrument that was to be used for the breath sample. Defence lawyer Ron Piche said there had been no disclosure provided on the packing slips for that instrument, despite repeated requests for them.

Piche called the packing slips "critical" to their case. The defence had planned to argue the instrument was malfunctioning. There was disclosure provided for its maintenance records, however.

Crown prosecutor Dennis Cann was of the view the packing slips would not be an issue during the trial. Nevertheless, Piche requested the judge either preclude the Crown from prosecuting on the refusal charge, or consent to an adjournment.

When the judge made clear he was favouring an adjournment to a later date, the court recessed as both sides discussed on how they should proceed next.

When they returned to court much later that morning, Piche told the court both sides had agreed to a resolution.

Crown and defence entered a joint submission where Baptiste would plead guilty to dangerous driving and receive a $1,000 fine and three-month driving prohibition, as well as plead guilty to the failure to appear charge.

According to facts presented in court, Chief Baptiste and a few others had been together at a bar in Biggar earlier in the evening on the night in question, and had been spotted drinking by police.

Baptiste had given assurances to the police he would not be driving and would be staying at the hotel that night. Despite that, after police responded to a call later in the evening, they stopped a van parked on the road about eight kilometres outside of Biggar with Baptiste behind the wheel.

Cann said there was no dispute that Baptiste had been drinking and had alcohol.

When asked to speak before sentencing, Baptiste stood and said he wanted to "express my remorsefulness" for what happened.

"I never should have been sitting behind the wheel under the influence of alcohol," said Baptiste. He added he was grateful no one was hurt.

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