Warrant issued for Riverview pandemic rules protester who missed court

An arrest warrant was issued for a Riverview man who was a no-show in court Thursday for trial on alleged Criminal Code and Emergency Measures Act violations.

While David Robert West wasn't in the courtroom, he was among a crowd of about 40 people protesting the case on the courthouse steps.

Inside the court, Crown prosecutor Malika Levesque told provincial court Judge Suzanne Bernard about the protest but  said she didn't know if West was in the crowd. 

"Regardless, he should be in court," Levesque said. "He was ordered to be here. Given that he's not, we are requesting a warrant." 

Bernard said she would issue an endorsed warrant. That means once West is arrested, he can be released by police without needing to be taken to court.

The judge read a portion of correspondence between court staff and West last week telling him that to enter the building he would need to wear a mask or present a valid medical exemption.

Photos and video on Facebook from those protesting show West and others in the group attempted to enter the courthouse unmasked but didn't make it beyond security.

Geoffrey Downey, a spokesperson for the Department of Justice and Public Safety, said in an email to Radio-Canada that a person attempted to enter the courthouse without a mask, was unable to provide proof of an exemption and then left the building.

Even if West or a lawyer representing him were present, the trial would not have taken place Thursday. Levesque told the judge she was seeking an adjournment as another prosecutor handling the case and a witness were in isolation.

"I'm putting on record that the adjournment would've been granted, but the fact that there's nobody here — the court has no other option but to issue a warrant," the judge said.

West was set to stand trial on three alleged violations of the province's Emergency Measures Act, including one ticket issued following a protest outside Moncton city hall on Jan. 24, 2021. 

He faced criminal charges that include causing a disturbance and mischief.

He is also scheduled to stand trial on other charges Friday, though the judge told Levesque that the Crown could tell its witnesses they wouldn't need to appear in court. 

West was among five people arrested and charged following the protest against pandemic restrictions. In that case, it's alleged he was part of a gathering of five or more people unmasked at a time outside when provincial restrictions prohibited that.

Two others, Jonathan Rossiter of Nackawic and Dawn Teakles of Moncton have since pleaded guilty to similar tickets. 

Two others are scheduled to stand trial later this year.