2pm Court 200 – Penticton Law Courts Thursday March 6th

Judge Meg Shaw presiding

Application by Penticton Western reporter Joe Fries to vary a ban on publication made January 29th.

The application was made by Fries, who was given ‘standing’, and allowed to speak and present to the court. The Fries application basically asked that the name of a person who pled guilty to two criminal charges be allowed to be published under the Canadian Charter of rights and freedoms.

Judge Shaw reviewed previous court findings on bans of publication and admitted she had erred. But she also said she was about to agree to the request but not on the grounds of the application. Judge Shaw stated she agreed that the name of the man could be published but no information could be used that pointed in any way to a complainant in the case.

The judge said the original ban on publication issued by Judge Gale Sinclair still stood despite the newspaper’s application and that media outlets must be extremely careful in what they print.

That might be limiting but essential to protecting persons who bring information forward to authorities.

The case:

Gary Allan Leaman, 58, pleaded guilty January 29th to two charges of sexual assault. The charges laid in November of last year. Sentencing to take place later this month.

Leaman is a former manager of a Penticton mall and had served one term as city councillor in Penticton.