ATHABASCA — A man who contacted the victim of a crime and told them not to appear in court was sentenced to 30 days in jail.
In Athabasca Provincial Court July 5, Judge Vaughn Myers heard testimony from the victim, the accused – William Metcalfe, 78, who was charged with attempted obstruction and possession of a dangerous weapon – and Athabasca RCMP Const. Jay Tessier before passing his decision about the validity of Metcalfe’s defence that he did not try and coerce someone to keep them from testifying against his foster son in another case.
Following a robbery allegedly involving Metcalfe’s foster son and two other people in April 2020, he approached the victim, who cannot be identified because they are involved in the other case, in November 2020 at their place of work. Metcalfe admitted in court while being questioned by Crown prosecutor Brett Grierson, he told the victim they would not be arrested or charged if they ignored a subpoena to appear in court and testify against the three people accused of robbing them.
Metcalfe represented himself saying he knew “more than any lawyer” but wandered off on tangents unable to ask proper questions prompting Judge Myers to correct him several times during the trial to get him back on track.
Metcalfe was also charged with possession of a weapon – a knife – which he told the victim he always carried as protection, but in court he couldn’t recall if he had the knife the day in question or not.
He also admitted to paying people for anything his foster son has allegedly stolen saying the foster son “has stolen from many places in Edmonton and Athabasca” and each time he offers to pay the victims if they drop the charges.
“I said yes, if my kid stole a case of beer I’ll pay for it,” said Metcalfe. “I go behind my kids and pay for what they steal.”
After adjourning for a brief break to make his decision Judge Myers explained how, based on a Supreme Court of Canada ruling, a judge comes to decide if a person is found guilty or acquitted and noted Metcalfe was “argumentative” and wouldn’t answer questions, instead meandering off topic.
Judge Myers said the evidence was “clear and uncontroverted” Metcalfe attempted to coerce the victim into withdrawing the charges against his foster son or to not testify in court.
“This court does not accept the evidence of the accused,” he said. “What you did strikes at the core of the court system by dissuading people from attending court.”
Grierson noted Metcalfe has a long criminal history starting with a 1965 obstruction charge and included firearms and weapons charges, giving false statements and public mischief, but nothing after 1997.While normally the obstruction charge would carry a lengthy jail term, he took into account Metcalfe's age and left the decision to the court.
In his ruling Myers sentenced Metcalfe to 30 days in jail; ordered him to supply a DNA sample by July 9; to have no contact with the victim or go into the community where the victim lives; two years' probation; a lifetime ban on restricted or prohibited weapons, a 10-year ban on possessing a crossbow or ammo, and weapons of any other kind including knives except for eating. The knife in question was also to be forfeited to the RCMP and Metcalfe was immediately taken into custody.
