A hearing on a 15-year-old multiple sex assault case got heated June 4 as a judge and lawyer exchanged testy words.
The Vancouver Provincial Court hearing was about four charges laid against Arturo Garcia Gorjon, 47, involving four different women between July 2009 and December 2010.
The charges against the accused were sworn July 21, 2023, making the case 677 days old.
It was the age of the case that was of concern to Judge Ellen Gordon.
“Why?” she asked defence lawyer Ed Cooper as he requested an adjournment to the week starting June 9.
He told the judge a plea agreement had been reached in the case but that a guilty plea had not been entered in court, and that he was awaiting further instructions from his client.
“You said there was a guilty plea,” Gordon said. “How do you not have instructions?”
And, the judge wondered, if a direct indictment had been filed, did the provincial court have jurisdiction to hear the case. She suggested the issue might rightly be before B.C. Supreme Court.
Crown prosecutor Gloria Ng told Gordon the provincial file was being kept alive due to procedural issues.
“I don’t think this court has jurisdiction once an indictment has been filed,” Gordon said.
Gordon asked Cooper to what date he was seeking an adjournment.
He suggested June 20.
“You said next week,” Gordon said, her voice rising. “No.”
“I’m not being yelled at here,” Cooper said.
An appearance date of June 23 was eventually arrived at and the judge ordered that Garcia Gorjon appear in person that day.
“If he’s not here at 9:30, there will be a warrant for his arrest,” Gordon said.
The case had been moving toward a trial, the court heard in March.
The appearance was the 45th on the file. Eleven prosecutors plus ad hoc Crown counsel have been involved. Including Gordon, at least 16 judges or justices of the peace have heard proceedings.
Garcia Gorjon was released on bail July 28, 2023 on $15,000 bail with a deposit of $7,500.
He was ordered not to contact any of the alleged victims and prohibited from applying for any new travel documents from any country, court documents said.
