Lawyer argues Calgary woman didn’t hit Stelmach with pie, so charge is wrong

CALGARY — A political activist can’t be convicted of assaulting Premier Ed Stelmach’s guard with a pie because her intended target was the premier himself, her lawyer argued Wednesday.

CALGARY — A political activist can’t be convicted of assaulting Premier Ed Stelmach’s guard with a pie because her intended target was the premier himself, her lawyer argued Wednesday.

Defence counsel Mark Takada said Lily Phan should never have been charged with attacking Sheriff Hady Hammoud with pie filling because he wasn’t her mark.

“She’s guilty of an attempted assault on Mr. Stelmach, that’s the appropriate resolution, the appropriate charge in this case,” Takada told provincial court Judge Bill Cummings.

“You charge them with the appropriate charge,” said Takada, arguing for an acquittal against his client.

“It … does not make sense to convict a person of something they did not intend to do.”

But acting chief Crown prosecutor Lloyd Robertson said Phan should be found guilty of all five charges she faces in an incident at the premier’s Stampede breakfast in 2007.

Phan is accused of assaulting a peace officer, common assault, assault to resist arrest, mischief and causing a disturbance.

She was arrested July 9, 2007, after lunging at Stelmach with a fistful of chocolate cream filling as the premier flipped pancakes at his annual Stampede party. He was untouched by the creamy filling.

Robertson told Cummings the concept of transferred intent — in which you are guilty of assaulting one person if you intended to assault another — is well-established law.

He also said Phan was guilty of causing a disturbance by screaming as she was being taken down after her lunge at the premier, and of mischief for disrupting the breakfast.

But Takada said his client simply yelled, “it’s a pie, not a bomb” to avoid being roughed up during her arrest.

Cummings will hand down a verdict on June 26.

Just Posted

More than $25k raised for Red Deer firefighter who is recovering in hospital

‘I think the support he’s getting is because of the person he is’

Lacombe backs Blackfalds stormwater plan

Stormwater management plan will open up more land for development in Blackfalds

Two men facing charges in alleged abduction

RCMP issued alert for woman on Wednesday morning who was found safe later that day

Red Deer RCMP seek public assistance to identify suspect in indecent acts

Red Deer RCMP are looking for a man believed to be responsible… Continue reading

WATCH: Two weeks away from Canadian Finals Rodeo in Red Deer

In just two weeks, Ponoka’s Shayna Weir will compete with the best… Continue reading

Leon Draisaitl has overtime winner as Edmonton Oilers down Boston Bruins 3-2

EDMONTON — Connor McDavid set up Leon Draisaitl for the overtime winner… Continue reading

Edmonton girl guide sells out of cookies in front of cannabis store on first day

EDMONTON — She’s being called one smart cookie. As people lined up… Continue reading

New vacuum needed: Calgary family adopts three bonded St. Bernard buddies

EDMONTON — Three adult St. Bernards who couldn’t be separated because they’re… Continue reading

Film with Fan Bingbing, Bruce Willis cancelled after tax case

BEIJING — The director of “Air Strike,” featuring Chinese actress Fan Bingbing,… Continue reading

Michael Buble shuts down rumours of retirement from music

LOS ANGELES — Michael Buble is shutting down rumours that he’s going… Continue reading

After Canada legalizes pot, industry eyes rest of the world

MONTREAL — Cam Battley is a top executive at one of Canada’s… Continue reading

Facebook’s election ‘war room’ takes aim at fake information

MENLO PARK, Calif. — In an otherwise innocuous part of Facebook’s expansive… Continue reading

Military to overhaul morale-boosting trips after review finds serious problems

OTTAWA — Canada’s top general is overhauling military morale-boosting tours after an… Continue reading

Most Read