The trial of a man charged with various assault charges and use of an imitation firearm ground to a crawl in Vancouver Provincial Court March 25 as lawyers wrangled over procedure.
The charges stem from two incidents on April 18, 2024.
Korey Robert Muskett is charged with two counts of assault with a weapon, two counts of using an imitation firearm in the commission of an offence and one count of assault.
The first, as described by the Vancouver Police Department, unfolded as two women got out of a ride-share vehicle near Powell Street and Heatley Avenue at around 2:30 p.m. on April 18.
A stranger pointed what appeared to be a gun at one of the women's heads and reportedly made a comment about her being a police officer. However, neither woman is a police officer.
They fled from the suspect and called 911.
Soon after, a man pointed a gun at and assaulted a man sitting at a nearby bus stop.
Muskett was found about an hour later while walking near Hastings and Gore streets, and was arrested by two officers working in the area.
Defence lawyer Sandra Mandanici told Judge Patricia Stark much of the case will revolve around identification of her client as the man alleged to have committed the offences.
Mandanici said some of the witnesses may not be able to identify the man who allegedly attacked them.
And, she said, some of the information police used to identify her client is questionable.
Further, Mandanici told Stark, there are concerns about how long her client had to wait to speak to a lawyer after his arrest.
What the situation boiled down to was the need to have what are known as voir dires — or trials within a trial.
Stark heard those will involve issues around the arrest, Charter of Rights and Freedoms issues and utterances allegedly made by Muskett to police.
However, the contents of those evidentiary proceedings are covered by publication bans. Only the judge’s decision can be reported.
And, Crown prosecutor Georges Prat told Stark, much of the case could be heard in immediately unreportable hearings.
Mischief charge
Muskett earlier pleaded guilty Aug. 22 to mischief before Vancouver Provincial Court Judge Nancy Adams in an incident involving damage to a glass door at the Woodwards building at 111 Hastings St. on March 12, 2024.
A security guard had asked Muskett to leave and he kicked the glass on the door on his way out.
Adams sentenced Muskett to 20 days with credit for 19 days spent in custody.
Other charges
It is further alleged Muskett breached a release order that he stay at a residential treatment facility. The date of that alleged offence is Aug. 26.
And, in connection with incidents on Dec. 17, he is charged with breaking and entering a dwelling house in the 600-block of Vancouver’s Powell Street. It is further alleged he threatened and assaulted a woman.
Court records indicate a Nov. 27 release condition that he not be on that city block.
