Thursday, January 3, 2013

There is some justice in the world

Two charges dropped against Ian Thomson, two others to be dealt with later
Increased police presence at Welland self-defence trial

By QMI Agency
Posted 20 hours ago

WELLAND — Two charges against a Port Colborne man who fired a gun to scare off men allegedly trying to firebomb his house in August were dropped by the Crown Wednesday morning in court.

Ian Thomson, 53, had been facing a number of charges in relation to the incident, which Crown attorney Tyler Shuster called a dispute between neighbours that had been "simmering for years and boiled over."

Shuster said on Aug. 22, 2010, Thomson heard a loud noise behind his house at 3499 Snider Rd. When he went outside, he found a man in a ski mask with a lit Molotov cocktail, yelling: "Are you ready to die?"

"Mr. Thomson went back into his house and grabbed a loaded .38 (calibre) and fired three rounds in the direction of the man," Shuster said.

A peaceful protest had been planned for outside the courthouse. Niagara Regional Police had officers inside the courthouse doors using a wand to screen people entering and also had a presence outside.

One officer could be seen on the roof of a building across the street. A police videographer was also at the courthouse.

Police spokesman Const. Nilan Dave said the extra officers were on hand to ensure the safety of the public.

"We were prepared for the event," said Dave, adding police also wanted to ensure the safety of Thomson and his lawyer.

Shuster said when looking at a case as a Crown attorney, he must consider the likelihood of conviction, including when and how a person can defend themselves and when a case goes to trial, the Crown must disprove self-defence.

He said in the circumstances of Thomson's case, he saw little chance of a conviction on the first two charges — careless use of a firearm and pointing of a firearm — and asked they be withdrawn.

He asked that the two remaining charges, two counts of careless storage of firearms, be dealt with at a future date.

Thomson's lawyer, Ed Burlew — self-described as Canada's top gun-specialty lawyer — will meet with the Crown April 11 in Welland for a pre-trial hearing on the two remaining charges.

Burlew was interviewed about Thomson's case by the website www.dailysplit.com earlier this year. Video of the interview can be found at www.youtube.com/watch?v=9Lu0NnyDYoA.

The video includes what is presented as part of the attack, at 6:04 of the clip.

Thomson will return to Welland court April 11, to deal with the remaining charges.

Four people are facing arson charges in relation to the incident at Thomson's home.

Randy Weaver, 48, of Port Colborne; Justin Lee, 19, of Welland; Richard Coulthearst, 46, of Welland; and Michael Theberge, 20, of Port Colborne, will all appear in a St. Catharines courtroom Tuesday at 11 a.m.
 

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