City done negotiating

Photo: Colton Davies

The City of Penticton is done negotiating and is pushing forward with a trial to prosecute well-known panhandler Paul Braun to remove him from his longtime spot on Main Street.

Braun’s pro-bono defence lawyer Paul Varga floated the idea of mediation Friday during a pre-trial conference at the Penticton courthouse, voicing a desire to get the matter out of the courts.

But city lawyer Troy De Souza said their final settlement offer expired on June 12 — without a response — and that ship has sailed.

“We just don’t believe that Mr. Varga’s client is serious about complying with the law and so all settlement discussions, any opportunity for discussions are over,” De Souza said, appearing by phone.

Varga informed the courts he would be arguing “double-jeopardy” during the three-day trial in September, something greeted with skepticism by Judge Michelle Daneliuk.

Varga suggested Braun was prosecuted twice for the same crime; once when he was handed the initial bylaw ticket and again now in the courts.

De Souza countered, saying the only way the city has attempted to enforce the bylaw infraction notices is through the matter currently before the courts.

Judge Daneliuk seemed to agree.

“If he had paid those tickets and now was being prosecuted, that might be a different matter — in other words being penalized twice for the same behaviour,” she said.

“Double jeopardy isn’t just because there are two processes that can be engaged in. Frankly when you get to the argument — I’m not going to tell you can’t make an argument — but I don’t see any way in which this person is in a double jeopardy situation,” she added.

It's possible, however, that Daneliuk will not be the assigned trial judge.

At this point, the City of Penticton is planning on calling more than a dozen witnesses at the trial set for September 12, including city manager Peter Weeber and bylaw services manager Tina Siebert.

Daneliuk directed De Souza and Varga to try to work together to agree on some facts so the number of witnesses could be shaved down.

The City of Penticton has maintained they are not seeking money from Braun, they simply want him to abide by bylaws prohibiting panhandling within 10 metres of a breezeway.