Lyonel Doherty

Times-Chronicle

A lengthy bail hearing for a local man on Tuesday weaved a tale of drama that rivaled anything “Judge Judy” ever heard.

But it was Judge Meg Shaw in Penticton provincial court who ultimately gave Arjen Jessy Alexander Huber “one last chance” at bail.

After hearing a whirlwind tale from the Crown and comments from the defence, Shaw released Huber on several strict conditions.

Ironically, about a week before the hearing, following Huber’s arrest, Oliver RCMP Sgt. Don Wrigglesworth said his officers and the public will be “much safer knowing that this criminal has finally been locked up.”

Huber is facing multiple (initially 28) charges, but some were stayed by the Crown on Jan. 25. Some of the charges include flight from police, possessing a firearm without a licence, uttering threats, possession of stolen property, possession of controlled substances, breach of release order, and possession of counterfeit money.

Crown prosecutor Kurt Froelich sought to revoke the offender’s bail and keep him in custody, but Shaw sided with defence lawyer James Pennington who disputed much of the information.

Froelich detailed one charge in which Huber contacted police to report that his vehicle was stolen from Road 22, but that he later located the vehicle at Road 2. Huber said he followed the thief, but the man got away.

However, one young woman at the scene later told police that Huber’s story was not true, claiming the accused previously told her and another woman that he “totalled” (crashed) his vehicle and needed help.

Froelich said the young woman only went along with Huber’s story because she felt “intimidated” by him.

The witness claimed that Huber had “guns” in the vehicle, and that he was a drug dealer. The other woman reportedly confirmed this, Froelich told the court.

The prosecutor noted that a subsequent search of the vehicle by police turned up two firearms, including one rifle with a loaded magazine. Cocaine, heroin, and ecstasy were also found, Froelich said.

Under another file dated Aug. 7, 2021, the Crown said that a local man called police to report that Huber was stalking his daughter; she was involved in a relationship with him for two years.

The father also claimed that Huber threatened to kill him, burn all of his belongings and kill his family, including his daughter.

Froelich said police later found Huber at Loose Bay campground where a motorbike he had been operating was previously reported stolen. He was also in possession of a truck and trailer, which he said belonged to him. In addition, Froelich said police found a pair of nunchakus (a weapon), drugs, and a hollowed-out book with counterfeit money inside.

The prosecutor noted that Huber denied threatening the woman’s father and in turn accused the father of hitting him with a vehicle. As for the dirt bike, Huber said he purchased it from another individual.

Continuing the tales, Froelich said Huber contacted a “fearful” ex-girlfriend who had a common law relationship with him for three years.

“She told him to stop contacting her; she didn’t want anything to do with him.”

During a curfew check on Huber last year (as part of a previous bail condition), police reported the accused was not present. Froelich said Huber had left a message with his bail supervisor that he was working at the Princeton mine. But when police spoke to a manager there, they were told that Huber completed his orientation, but the company did not want to hire him.

In his summation, Froelich said Huber has shown a continuous pattern of serious criminal conduct which hasn’t stopped. He added that if Huber can’t control his behaviour in jail, how can the court expect him to control his behaviour in public?

Froelich told the court that Huber is alleged to have assaulted two officers at the Okanagan Correctional Centre recently. He said the victims suffered bruising and mild sprains. However, no formal charges have been laid.

The Crown also accused Huber of being a drug trafficker with illegal and dangerous weapons.

“It’s all false!” Huber interjected via telephone conference.

Pennington, his lawyer, said it is the first he is hearing of the alleged assaults, noting these serious allegations are nothing but a rumour spoken in Froelich’s ear.

“I assume you have secured the video of this assault because there are cameras everywhere.”

Pennington said his client had been diligent in informing his bail supervisor where he is going to be. For example, the supervisor was informed that Huber was in Princeton preparing for employment at the mine.

“Huber is a young man in his 20s trying to get a job and looking for work and beating the bushes,” Pennington said.

The lawyer said Huber was told he passed his orientation at the mine and was waiting to start the job, but the RCMP showed up and the manager suddenly decided not to hire Huber upon seeing the police on the doorstep.

According to Pennington, Huber was going to turn himself in to police but was arrested first without incident.

As for the claim that Huber was stalking the man’s daughter, Pennington said the couple had been dating for two years, so “that hardly sounds like stalking to me.”

The lawyer said the daughter witnessed her father deliberately drive off the road to strike Huber, and told the court that she said no threats were ever made to “annihilate” the family because she was standing right there when Huber was talking to her father on the phone.

Pennington said a so-called police pursuit of Huber “does OJ Simpson’s high-speed chase one better.”

The lawyer said police reported that Huber reached speeds of 40 km/h on the dirt bike. “That’s 24 mp/h, which doesn’t sound like much of a chase to me.”

Regarding the incident at Loose Bay, Pennington said the truck and trailer were in Huber’s possession because he purchased them from another individual, according to Huber’s girlfriend.

And the possession of the nunchakus?

“This is something you can buy at the dollar store,” Pennington said.

In his summation, the lawyer stated that the circumstances of the offences are not a “slam dunk” as the Crown would have the court believe.

“There is a presumption of innocence (here).”

Pennington said his client has long range plans to get into the guiding/outfitting business with his girlfriend.

Before Judge Shaw passed her decision, she was requested to hear from an Indigenous court worker who was representing Huber’s ex-girlfriend and the Osoyoos Indian Band.

Froelich said the band did not support Huber’s release and had concerns about it. He added that the ex-girlfriend also has a concern for her safety if Huber is back on the street.

Pennington said this felt like an “ambush” via a circling of wagons, adding that he should know of the Indian band’s concerns ahead of time.

Furthermore, the lawyer said you can find policemen from here to eternity who will oppose Huber’s release.

But Judge Shaw allowed the Indigenous worker to present her case.

After raising a concern about the personal safety of her client, she began speaking about missing and murdered Indigenous women, at which point Pennington objected and Shaw agreed this wasn’t relevant.

In the end, the judge said she was prepared to give Huber “one last chance” to follow the law. She noted the accused has stated he now has a place to live (in a motel in Osoyoos), but he will be subjected to a number of strict conditions. For example, he must not contact or be within 100 metres of four individuals, including his ex-girlfriend.

Huber must report to his bail supervisor on a regular basis and must obey a curfew at his residence from 10 p.m. to 6 a.m. daily.

He must not possess any weapons or any ID documentation unless it is his own. In addition, he must not enter any vehicle unless it is public transportation or a vehicle that the owner gives him permission to occupy.

Shaw gave Huber a stern warning that there will be “zero tolerance” for any infraction, and she reminded him to stay away from the people listed in his release order.

Pennington said he told Huber that “his ass is on the line, so toe the line.”

Shaw laughed and said she would adopt that particular advice.

Wrigglesworth said police will continue to monitor Huber to ensure he is abiding by his conditions.

“It is important for our citizens to remain diligent in securing their valuables and property from thieves,” he stated, encouraging them to contact police to assist in these investigations.

Huber is scheduled to return to court on Feb. 16 for an arraignment of charges.