Panhandling charges challenged

Bylaw officers in Penticton wrote up tickets for panhandling before they even left city hall, the lawyer representing the man who received them alleged Tuesday.

Defence counsel Paul Varga told a justice of the peace in provincial court in Penticton that photos contained in his disclosure package seem to show bylaw officers approaching Paul Braun on the 200 block of Main Street with completed tickets in hand.

“My understanding is they have to investigate first, then lay a charge. They’re not doing that. How many other times have they done it?” said Varga, who’s now seeking copies of those notices.

Braun, 59, is facing eight counts — all from 2017 — of contravening a municipal bylaw by causing an obstruction while panhandling in a downtown breezeway.

Victoria lawyer Troy DeSouza, who is representing the city, appeared at the hearing by telephone and confirmed “substantial” disclosure was requested by Varga in December and delivered Jan. 2.

“We are certainly aware of our obligation to continue disclosure, and I’ve put that in writing to Mr. Varga,” DeSouza said. “Certainly all the evidence that is there has been provided to Mr. Varga.”

The matter is due back in court Jan. 25 to set a date for a two-day trial.

Varga, who is representing Braun pro bono, said outside court that bylaw officers are still bothering his client.