B.C. woman convicted of coughing on grocery worker during pandemic acquitted
A British Columbia Supreme Court judge has acquitted a woman who was sentenced last year to 18 months of probation for intentionally coughing in the face of a grocery worker and assaulting another worker with a grocery cart during the COVID-19 pandemic.
Justice Douglas Thompson on Thursday threw out the convictions for two counts of assault and one count of causing a disturbance, finding the lower court judge erred by not allowing the accused to call a character witness during her trial.
Kimberly Brenda Woolman was found guilty of the charges last April and was sentenced to 18 months of probation in July.
The altercation occurred three years prior, on April 24, 2020, when provincial health orders required stores to limit the number of customers allowed inside and required shoppers to stay at least two metres apart.
Grocery employees testify
Judge Barbara Flewelling presided over the three-day trial, which heard from five employees of the Campbell River store who testified that Woolman refused to follow the store's COVID-19 mitigation measures, refused to leave the store when asked, and shouted "loud invective that COVID-19 was fake," the trial judge wrote in her decision.
Employee Jacqueline Poulton told the court she was following Woolman down a store aisle and asking her to leave when Woolman stopped abruptly, turned to face her from about a metre away and then leaned in to forcibly cough twice in her face.
After staff convinced Woolman to vacate the store, employee Gordon Dawson instructed her to leave her shopping cart behind because it had unpaid items in it. Woolman refused, saying she needed the cart to walk to her car. Employees offered her an empty cart, which she declined, before shoving her cart into Dawson.
"Those were the very early days of the COVID 19 pandemic when scientists and medical professionals were struggling to understand how the virus was transmitted between people," Flewelling wrote.
"It was recognized that it was a respiratory virus. In those early days, there was no medication or vaccine available to cure or to reduce the severity of the infection," she added.
The judge noted that while most British Columbians at that time were able to remain at home, front-line workers who provided essential services did not have that luxury.
"Those front-line workers included the people who went to work every day at Save-On-Foods so that people could buy groceries," she wrote. "Those front-line workers were the people that Ms. Woolman derided and assaulted."
The trial judge also noted that Woolman was similarly aggressive and rude to witnesses and to the court during her trial.
'Error was not harmless or minor'
After sentencing, Woolman appealed her conviction on "myriad grounds… many of which are manifestly without merit," Thompson wrote in his decision to overturn the trial judge's ruling Thursday.
During her trial, Woolman discharged her lawyer and opted to represent herself. Shortly after, she advised the court that she wished to call a character witness, but the Crown prosecution objected, saying such evidence would be irrelevant to the case.
The trial judge sided with the Crown and ruled against hearing from the character witness, "holding that character evidence can be helpful in sentencing proceedings, but character evidence is not admissible on a trial proper whether led by the Crown or an accused," Thompson wrote.
"After this erroneous ruling, the court heard evidence from the last two Crown witnesses," Thompson wrote. "The accused elected not to call evidence. After hearing submissions and reserving judgment, the trial judge delivered her reasons for convicting the appellant on all three counts."
No new trial ordered
The B.C. Supreme Court judge found that the excluded evidence could have provided insight about whether Woolman is a "peaceable person" and whether she was indeed shouting at employees as some witnesses for the prosecution testified.
"The weight of the evidence heard by the judge supported her finding that the appellant shouted," Thompson wrote. "However, the impressions of the Crown witnesses on this issue were not uniform."
"I am not satisfied that the character evidence ruling was harmless in that it related to a minor aspect of the case that could not have had any effect on the outcome," Thompson concluded.
Typically, a successful appeal would merit a new trial in such a case because it is reasonable to believe the accused would be convicted again, even with the character evidence allowed, the judge found.
However, given that Woolman has already served approximately one-third of her 18-month sentence, Thompson ordered a full acquittal of the charges.
CTVNews.ca Top Stories
Signs of Alzheimer’s were everywhere. Then his brain improved
Blood biomarkers of telltale signs of early Alzheimer’s disease in the brain of his patient, 55-year-old entrepreneur Simon Nicholls, had all but disappeared in a mere 14 months.
Box tree moths have infested Ontario and experts say more are coming. Here's what to do to protect your garden
An invasive moth species is on the rise in Canada and, if you've planted a certain shrub, it could stand to ruin your garden.
Lyon-bound Air Canada Boeing 787-8 Dreamliner from Montreal turns back midflight due to pressurization alert
Passengers heading from Montreal to Lyon, France on Friday were forced to return home and depart the next day after a pressurization indication was detected in flight.
Oilers dominate Canucks, win to force deciding Game 7
The Edmonton Oilers avoided elimination from the NHL playoffs Saturday night, beating the visiting Vancouver Canucks 5-1 in Game 6 of their second-round series.
The eight most expensive homes for sale in Ottawa this spring
Ottawa's ultra luxury housing market is blooming like the tulips this spring, with a significant increase in the number of homes sold worth more than $2 million.
B.C. pipeline company argues its 'haulers' are not trucks, for tax purposes
A contractor working on the Coastal GasLink pipeline has been denied more than $333,000 worth of tax rebates because pieces of machinery it purchased – and claimed were not trucks – were deemed sufficiently truck-like in B.C. Supreme Court.
$500K-worth of elvers seized at Toronto airport
Fishery and border service officers seized more than 100 kilograms of unauthorized elvers at the Toronto Pearson International Airport on Wednesday.
Usyk beats Fury by split decision, becomes undisputed heavyweight champion
Oleksandr Usyk defeated Tyson Fury by split decision to become the first undisputed heavyweight boxing champion in 24 years.
To plant or not to plant? Gardening tips for May long weekend
May long weekend is finally here, and with the extra time off you may be getting the itch to head out to your garden and plant. However, the old debate whether you should plant now, or wait, is still ever-present.