Man convicted of assault loses fight over DNA order

A man who was sentenced to eight months in jail for his role in a brutal Kelowna nightclub assault has had an appeal to drop a DNA order dismissed.

On Sept. 6, 2014, Michael Martin attended the Liquid Zoo nightclub, outside of which he was involved in two fights with Steven Kaplan.

Kaplan also arranged for his friend, Steven Kollie, to assault Martin outside Sapphire nightclub later that evening.

Kollie punched Martin in the head, knocking him unconscious.

Martin was hospitalized for three weeks and was in a coma for several days.

Kaplan was one of the men charged in that incident, and on March 2, 2017, he was found guilty of aggravated assault.

Justice Allan Betton said Kaplan’s actions played a role in Martin getting hit.

“Certainly from Mr. Kaplan’s part, it took some deliberation to engage Mr. Kollie, locate the victim and put the victim in the place where he was ultimately struck by Mr. Kollie,” he said.

On Oct, 20, 2017, Kaplan was sentenced to eight months in jail.

Betton also ordered Kaplan to provide a DNA sample, which he was required to do.

Since sentencing, police officers have been attempting to arrange collection of Kaplan’s DNA sample, Court of Appeal Justice Barbara Fisher wrote in her decision.

On Nov. 1, 2017, Kaplan filed a notice of appeal against his conviction and his sentence.

In his application, Kaplan sought a stay of the DNA order pending disposition of his appeal. Fisher dismissed the application. “In criminal proceedings, the power to stay an order pending the disposition of an appeal exists only where it is specifically granted by statute, and no such power is granted over DNA orders,” she wrote. “This court does not have jurisdiction to grant the order sought.”