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Final evidence from the trial of the three accused in the Coates siege

The Crown prosecutor told jurors they did not need to find that the accused was the kingpin of the protest in order to find them guilty.

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LETHBRIDGE — The Crown prosecutor prosecuting three men accused of rioting at the border fence in Coates, Alta., told jurors Tuesday that they don't need to identify the defendants as protest kingpins to find them guilty.

Stephen Johnston said if the jury were satisfied the three supported the blockade, they should be convicted of mischief over $5,000.

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“The right to protest does not allow you to fence off property for two weeks. It's not like their highway is closed,” Johnston said.

“One act, one incentive may be enough to convict.

“The Crown does not have to prove that these people were leaders.”

Johnston made the comments during his closing remarks at the trial of Alex Van Herck, Marco Van Huygenbos and Gerhard Janzen in Lethbridge, Alta.

The Crown said evidence showed the defendants were key players and the face of a two-week traffic-bound blockade at the Canada-United States border crossing in Coates in early 2022 in protest of COVID-19 regulations and restrictions.

Johnston said the defendant supported the blockade. He told jurors that the three spoke on behalf of the protesters and that the evidence left “no doubt that these men are guilty.”

“They use the words 'We are the Coates Convoy,'” Johnston said.

“They are not just messengers. They use the words “We, our and us”. »

The defense did not present any evidence during the trial, and the accused did not testify.

However, during the cross-examination of witnesses, defense lawyers claimed that the trio was not guilty because the demonstration was attended by many strong-willed protesters who always disagreed publicly and sometimes took sides.

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The prosecution called several witnesses, including Mounties who were at the blockade.

Officers said that as the protest dragged on, its leadership rallied around the accused and the police approached them more and more for negotiations.

Coates Border Blockade
Anti-mandate protesters gather as a truck convoy blocks a highway at the U.S. border crossing in Coates, Alta., Monday, Jan. 31, 2022. Jeff McIntosh / The Canadian Press

Sergeant. Greg Tulloch told the court he had been working to establish a dialogue with the protesters and had identified Van Huygenbos as a key contact.

During Tulloch's cross-examination, Van Huygenbosch's lawyer questioned whether his client was really a leader or just a conduit for messages to those in charge.

“Have you ever heard the saying 'Don't shoot the messenger'?” I suggest that Marco was really there. He was a messenger, a communicator, a representative of the group, not a leader,” lawyer Ryan Durran told Tulloch.

Tulloch replied: “It's a lot more relaxed than the impression I got. Because when things happen, they happen right after Marco says he's going to do something or send a message.”

Tulloch said he considered Van Huygenbos to be at the top of the protest inner circle, followed by Janzen and, to a lesser extent, Van Herck.

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The defense pointed to a video of the “Smuggler's Saloon” where protesters were gathered, where Van Herk was asking for a vote to try to get everyone to leave, but was met with fierce resistance.

“I don't care, let him come,” says a man in the video.

“The only way I can leave is in a (police) cruiser,” said another.

Former Coates Mayor Jim Willett was asked if there was a group responsible for the protest.

“It's a bunch of people I don't know driving cars and getting upset. I had that impression,” Willett said.

This Canadian Press report was first published on April 16, 2024.

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