The man accused of running down a construction-site road flagger in New Westminster took the unusual route of forgoing a lawyer and representing himself at his trial on Friday.
Michael Paul Biemans, 43, dressed in faded jeans and a rugby shirt, waived his right to counsel and undertook his own cross-examination of Crown witnesses before a judge in New Westminster provincial court.
Biemans pleaded not guilty to a charge of assault with a weapon stemming from an incident on Nov. 8, 2010, where he allegedly struck flagger Paul White, who was on Nootka Street blocking traffic from entering a construction zone.
Biemans, who was a contractor with one of the construction companies working on the site, J. Cote & Sons, allegedly got into a verbal altercation with White that ended with him running into White with his vehicle.
White, who was working for B.C. Road Safe at the time, was not seriously injured in the incident.
Judge Thomas Woods spent almost an hour reviewing the rules and procedures of the court for Biemans, noting that "the playing field, so to speak, is not level" due to Biemans' choice not to retain a lawyer.
Early on, Biemans waived his right to call for a stay of proceedings or an adjournment due to some late disclosure of evidence.
"I do want this matter over and done with," he told the court. "Let's go ahead with the trial."
Crown counsel Jamala MacRae said she planned to call six witnesses, including two police officers, the victim, and witnesses.
In her opening statement, she told the court it was the Crown's position that "there was a verbal dispute and then Mr. Biemans drove his truck into Mr. White."
Two New Westminster police officers testified Friday morning as to procedures involved in setting up a photo lineup used by the victim to identify Biemans as the accused.
Close to a dozen flaggers attended court in fluorescent yellow-and-orange vests and jackets to show support for their colleague.
"If he's found guilty, we would like to see some sort of jail time, some sort of justice," flagger Diane Herback, cofounder of the B.C. Flagging Association, said outside the courtroom.
"We're just here to show people that we are uniting and that this stuff can't happen," she said, noting that she's been attacked several times in her 18 years on the job.
"I personally have had garbage thrown at me, I've been spit at, I've had to dive out of the way of a vehicle coming at me, I've had to push workers out of the way so they don't get hit."
The trial continues.
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