ATHABASCA – An Athabasca man, with a well-known penchant for causing mischief in the town, faced the first of four trials where he intends to represent himself last week, and was found not guilty.
Marcel M.V. Gambler’s first trial on a single count of failing to comply with conditions took place Jan. 17, an Athabasca court date that was held remotely from the St. Albert courthouse with Judge Brian Fraser presiding. Gambler has been in custody since September. Two other identical counts were withdrawn at the onset of the trial.
Due to the road conditions that day, an application from Crown prosecutor Patricia Hankinson to have her single witness, probation officer Terry Ladan testify from his Westlock office, was granted, and a discussion on office hours and availability during the COVID pandemic ensued.
Ladan told court he was familiar with Gambler from past interactions, but did not see or hear from him after he was released from jail on Sept. 13, 2021, with a condition to report to a probation officer within five business days. He added he had not been visiting the Athabasca satellite office unless there was a pre-scheduled appointment, and most clients were checking in via phone at that time.
Hankinson asked him how to get in touch with the Westlock probation office and Laden noted the phone number could have easily been found using 310-0000 or the Internet.
Given the opportunity to cross-examine Ladan at the halfway point of the 13-minute trial, Gambler instead provided his defense to the court.
“I did call Westlock,” Gambler said. “I called Westlock, and I called 411 for directory assistance and asked for the number for Westlock police.”
On redirect, Hankinson asked Ladan if it was possible the defendant could have called the office and he did not receive the message, to which he pointed out the phone system includes voicemail, so if a message had been left, he would have received it.
“They said they would tell Terry I called and to call him back later in the week,” said Gambler, explaining that after calling the first time and getting the voicemail, he called back again and spoke to someone.
Judge Fraser called Gambler a “well-spoken individual, who said he tried his best” before delivering his verdict. “We know that's probably not true, but quite frankly, it raises a reasonable doubt.
“Mr. Gambler, you’ve been found not guilty,” he said. “You’re quite an eloquent individual and what you told me was probably a bunch of lies, but I hope not.”
Gambler’s second trial on a single count of theft under $5,000 is scheduled for March 1, with the third for break and enter set for March 7, each of which is expected to take two hours.
His final trial is expected to take a full day on May 22 with Gambler defending himself on charges of arson and resisting a peace officer, after he was tackled by RCMP at Riverfront Park in August 2021 following a fire at an abandoned house at 4814 – 45th Ave. in Athabasca. Further charges of mischief related to the alleged damage of several windows at a downtown business will also be dealt with that day.
