Alleged Drug-Dealer Denied Request & Sqabbles With Lawyer
Judge denies man’s request to reverse a guilty plea to drug-related charges
BY JEREMY APPEL ON APRIL 10, 2019.
A man who wanted to reverse a guilty plea for a drug-related charge has had his effort denied in provincial court, where his former lawyer took the stand.
Ashley Gackle, who appeared in the dock at Medicine Hat Provincial Court on Tuesday before taking the stand himself, claimed he felt pressured into pleading guilty to possessing methamphetamine for the purposes of trafficking without understanding the sentencing implications.
Gackle had to waive solicitor-client privilege to allow ex-counsel Stephen Bitzer to testify.
“I couldn’t live with myself knowing I was pleading to something I didn’t do,” Gackle testified.
He said he was under the impression the two-year sentence reached in a joint submission with the Crown would only last six months before he was released on parole.
But Bitzer testified he simply told his client he could be released on parole after somewhere between six and eight months.
“I never gave him a solid date,” said Bitzer. “I wouldn’t be able to do that. I don’t control parole eligibility.”
Gackle pled guilty to possession for the purposes of trafficking on Oct. 30, 2018, which Bitzer said they had discussed as early as Oct. 13.
On Feb.19, Gackle told Bitzer he wanted to hire different counsel and proceed with a trial.
The previous day, Gackle had e-mailed his lawyer to tell him he was prepared for sentencing.
E-mails between counsel and client were presented to court as evidence.
“It was never raised to me he was unhappy with his plea,” said Bitzer. “Not at all.”
Current counsel Efrayim Moldofsky pointed to an Oct. 22 e-mail where Gackle indicated he was having second thoughts about the plea.
However, the Crown pointed to an Oct. 25 e-mail where Gackle said he was ready to move forward with it.
Bitzer’s testimony was bolstered by that of Luke Williams, the probation officer tasked with writing Gackle’s pre-sentencing report, who said he had no indication Gackle wanted to change his mind.
“I find you knew what the plea was about,” Judge Dietrich Brand concluded to Gackle.
Sentencing is scheduled for tomorrow.
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