New trial ordered for Prince George man convicted of sex charge

Appeal ruling says Paul Veeken’s conviction to be set aside after trial judge failed to instruct jury

A new trial has been ordered for a 45-year-old Prince George, B.C., man convicted of sexually interfering with a person under 16 years of age.

In a unanimous ruling, a three-member panel of the B.C. Court of Appeal says Paul Veeken’s 2015 conviction should be set aside because the trial judge failed to properly instruct the jury.

Veeken was sentenced to two years in jail and a year probation for sexually touching a pre-teen girl, although the defence argued the girl had been coached by her parents to say the touching was sexual in nature when it was just innocent tickling.

The Court of Appeal justices found a statement made in court by the girl’s mother could have had the effect of tainting the minds of jury.

“The prejudice to Mr. Veeken arising from what R.’s mother said is obvious,” the written court decision reads.

At the 2015 trial, the Crown asked B.C. Supreme Court Justice Elliot Myers to address the mother’s evidence in his charge to the jury, but the high court says the judge simply told jurors to ignore the mother’s statements and didn’t explain why.

The Court of Appeal ruling posted online on Friday notes Veeken raises several grounds for appeal, but the judge’s failure to address the statements of the mother are enough to force a new trial.

“The jury should have been instructed that what R.’s mother said she was told (about Veeken) was hearsay and was not proof of the truth of what she had been told,” says Justice David Frankel.

“More importantly, the jury should have been specifically instructed that it must not rely on that evidence to conclude Mr. Veeken was a person of bad character who was, therefore, more likely to have committed the offence against R.”

A date for a new trial has not yet been set.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Cowichan Crime Stoppers most wanted of the week

Do you know where these people are?

North Cowichan considers changes to pot shop criteria

Rules around distance from schools, other cannabis shops, proving problematic

North Cowichan/Duncan RCMP reports rise in calls for service

Increase of 4.6 per cent over same time last year

MPs call on fisheries minister to allow sport fishing of marked chinook

MacGregor among those citing coastal communities rely on recreational fishing

Filling central space important to Chemainus

Former Chemainus Foods location to house a market that could bring renewed vibrancy

VIDEO: Missing teens named as suspects in three northern B.C. killings

Kam McLeod and Bryer Schmegelsky are wanted in the deaths of Lucas Fowler, Chynna Deese, unknown man

Vancouver Island teacher suspended for professional misconduct

Grade 8 shop teacher admits to use of vulgar language and profanities toward students, parents

Northern B.C. double homicide, suspicious death: A timeline of what we know

Two teens from Port Alberni are now wanted Canada-wide in connection to the three deaths

B.C. wine industry legend Harry McWatters dies

Among his accomplishments, McWatters founded the province’s first estate winery, Sumac Ridge Estate

Provincial health body refuses to release full findings of cancer triage system audit

Information and Privacy Commissioner asked to review redactions

Southern resident killer whale died of blunt trauma, likely from ship

J34 was found more than two years ago near Sechelt, but the necropsy findings have now been released

B.C. rail crossing death highlights risks for people in wheelchairs: watchdog

Transportation Safety Board points to ‘persistent risks faced by persons using assistive devices’

B.C. teens wanted in double homicide, suspicious death spotted in Manitoba

Kam McLeod and Bryer Schmegelsky were thought to have been seen in the Gillam area

Vancouver Island man wanted after walking away from halfway house in Victoria

Warrant issued for Jesse Goodale, convicted of aggravated assault

Most Read