The City of Penticton says it “made all reasonable efforts” to conclude a high-profile court case involving a well known man often seen panhandling in the downtown core.
In a rare move, the city issued a press release late Thursday afternoon saying it has done everything in its power to avoid its prosecution against Paul Braun, a well known street person who is often seen in Penticton’s downtown core.
Braun is charged with eight counts under the city’s Good Neighbour Bylaw.
Braun and his lawyer Paul Varga were in court earlier this week and are expected to return for a pre-trial conference set for June 28.
Braun’s trial is scheduled to begin in September.
The city’s press release came under the headline, “Paul Braun case update.”
The release says the city has made all reasonable efforts to conclude this case short of trial and that Braun, through Varga, has rejected multiple offers, including one final offer made early last week.
“The City of Penticton is our home, a great place for residents and tourists alike, in an environment where everyone can appreciate a sunny, lakefront setting with warm, dry weather,” says the release. “Given our prime location, the city also receives feedback from the public about others who loiter, panhandle, drink, smoke cannabis, etc. on public sidewalks and gathering spaces in the downtown core.
“Many of these reported activities are in contravention of the Good Neighbour Bylaw and have been a longstanding source of concern from our business owners and residents.”
Based on feedback from you, our community, the City of Penticton has stepped up its downtown enforcement strategy over the last year, says the release.
“Unfortunately, for some who were in contravention of the bylaw, education was not effective and tickets were not effective. The Paul Braun case is part of an overall effort by the city to address unacceptable behaviour downtown and in the greater community.”
Troy DeSouza, legal counsel for the City of Penticton, said the city had little recourse but to have charges laid under the Good Neighbour Bylaw against Braun.
“In the Paul Braun case, if the city cannot establish control of its downtown sidewalks around a simple 10-metre breezeway, we will not be successful in addressing other or more serious behaviours,” said DeSouza.
“The city has made all reasonable efforts to conclude this case short of trial.”
An attached letter sent to Varga through DeSouza’s law firm was attached to the city’s press release.
The letter reiterates that the city did make a final offer to Braun, through his lawyer, to prevent this case from moving forward.
“We are seeking to resolve this prosecution to minimize costs to the local taxpayer,” says the letter. “By now you have had five months to review both the initial and final disclosure.”
The letter notes pre-trial conferences were set for May 2 and June 28, with four days of trial set aside from Sept. 11-14.
“This letter will be the final offer made by the city to resolve this action short of a costly trial,” says the letter.
The letter further states the charges laid against Braun resulted from public complaints and “his continuous breach of city’s bylaws and sidewalk obstruction in the downtown core.”
The 10-metre provision applies to similar public spaces like ATMs, bus stops, and public washrooms, says the letter.
“The elected council for the City of Penticton has determined that obstruction within 10 metres of these public spaces is unlawful,” says the letter. “Mr. Braun refuses to abide by the law which applies to every person in the City of Penticton.”
The letter further states the city has 13 witnesses who will testify against Braun and many have suggested crude and aggressive behaviour and language.
The letter further states Peter Weeber, chief administrative officer for the City of Penticton, has offered assistance he offered to Braun, including housing, counselling resources, food vouchers, and bus passes.
“Mr. Braun lost each of these opportunities because of his failure to follow through,” says the letter. “Mr. Weeber also stated he attempted to arrange employment for Mr. Braun with the city, but this attempt also failed due to Mr. Braun’s verbal abuse towards city staff.”
The Downtown Penticton Association (DPA) supports enforcement of the Good Neighbour Bylaw, has received many complaints about obstructions to the breezeway and has urged the city to increase enforcement to ensure public safety, says the letter.
“If this case proceeds to trial, we have reviewed all the elements of this bylaw offence … the facts support the law to prove convictions on all the charges,” say the letter.
If Braun is convicted following trial, the city will seek fines of $500 under each count or jail time if he can’t make payment as well as community service as a form of restitution to the city.
The city’s offer “can conclude the entire prosecution” if he pleads guilty on all counts, signs an order agreeing to comply with all provisions under the bylaw and pays a total fine of $88, says the letter.
The city’s offer was available only until April 25 and would be considered withdrawn after that time, says the letter.
“You will note that this is very reasonable offer that can be characterized as a sweetheart deal,” says the letter. “If your client rejects the above offer and receives a more severe sentence upon conviction, he will require independent, professional, legal advice. Thank you for your consideration. We look forward to your reply on or before April 25, 2018 at 2 p.m.”
PentictonNow placed a call to DeSouza late Thursday afternoon. We will update this story as more information becomes available.
