A B.C. Supreme Court judge has ruled a dangerous offender hearing will be held in Penticton June 2, 2014  –  not in Kelowna as recommended.

Justice Geoff Barrow made the decision regarding  a dangerous offender/sentencing hearing for David Bobbitt who has remained in custody since his arrest south of Oliver a few days after the attack on July 11, 2011.

37 year old David Bobbitt pled guilty in April to a number of charges, including aggravated sexual assault and unlawful confinement, connected to an attack on a young Penticton woman inside Dave’s Second Hand Store on Ellis Street.

The woman was sexually assaulted and severely beaten, suffering extensive head, facial and other injuries in the attack. The young mother’s son was also present, but he was not harmed. Bobbitt was the shop operator and lived in a trailer parked in the rear.

The B.C. Sheriff’s Service raised sercurity concerns following some verbal confrontations between Bobbitt and the public at the Court House.

***

The sentencing hearing for 33 year old Andrew Robert Hardenstine was thrown into disarray in a Penticton courtroom yesterday morning when his lawyer, Robert Maxwell declared he no longer wanted to represent his client.

Defence lawyer Maxwell told the court he wanted out after his client took some exception to the way the hearing was proceeding.

This exchange came up as Judge Greg Koturbash reviewed facts in the case, including a loaded 9 mm handgun being found in Hardenstine’s backpack when he was arrested Sept. 11 in Penticton.

Hardenstine, who has a long record of convictions and has a lifetime prohibition from having firearms, was nabbed after he tried to flee police and was found to be in possession of drugs and guns.

Contents in his backpack at the time included an SKS semi automatic  assault rifle with a folding stock, a loaded 9 mm handgun with laser sight and silencing capabilities and shot gun shells.

Some of the charges laid against Hardenstine were for events in Oliver…others in Penticton.

The hearing matter has now been given to the Judicial Case Manager to set a new court date – once a number of concerns about representation of the accused  are determined.