Accused denied disclosure because of vow to post it on Facebook

Is 'open book' too open?

Prosecutors are unwilling to hand over disclosure to a Kamloops man accused of harassing people and committing an indecent act at a social housing facility in Aberdeen because he’s vowed to plaster the sensitive information all over social media.

David Jeffrey Ashburn, 60, is facing charges of mischief, causing a disturbance, criminal harassment and committing an indecent act, all stemming from a series of alleged incidents outside Cookie’s Place, a social housing facility run by ASK Wellness near Aberdeen Mall.

Court documents show Ashburn is accused of causing a disturbance and mischief on March 5 and committing an indecent act by "exposing his genitals" on April 11. He is also facing a harassment charge with an offence date between February and April of 2022.

During a brief hearing Thursday in Kamloops provincial court, Crown prosecutor Andrew Duncan said Ashburn has not received his disclosure because he’s been threatening to post it to Facebook.

“I’m promising, I’m not threatening,” Ashburn interjected.

Duncan said the material could serve to further some of Ashburn's alleged offending if it were to be posted online, especially the harassment allegation.

Kamloops provincial court Judge Ray Phillips asked Ashburn what he hopes to accomplish by posting the disclosure on Facebook.

“Because my life is an open book,” he replied.

“It’s open to the world. I’ve got no secrets. I have no secrets — it’s wide open.”

At one point, Ashburn was cautioned to watch his mouth after calling everyone in the courtroom “a bunch of assholes.”

“This is my life. You ain’t taking my life away from me, mister,” Ashburn said.

“This is my story and this is my life. You ain’t going to shut down social media because that’s how it was designed.”

Ashburn’s situation is complicated by the fact he is self-represented. Duncan asked for an adjournment to give the man more time to find counsel, hoping a lawyer might be able to convince him not to share the disclosure online.

But Ashburn said he has no intention of hiring a lawyer ahead of the next court date, slated for May 30.

“I’ll be coming all by myself,” he said. “Me, Jesus and the Holy Spirit.”

Ashburn is not in custody.

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