BURST
The man accused of tunnelling into his upstairs neighbour’s apartment through a crawl space behind his unit’s fireplace, doesn’t want a lawyer.
Duty counsel Bob Haslam appeared in Calgary Court of Justice on Friday and indicated Ben Edward Maize wants to represent himself, a wish confirmed by the accused.
“He said to me quite adamantly that he does not want counsel and wants to represent himself,” Haslam told Justice Susan Pepper.
“Is that correct, Mr. Maize?” Pepper asked the accused, who appeared in court via video link from the Calgary Remand Centre.
“Yes, ma’am,” Maize replied.
Haslam said he had contacted the court’s case management office and scheduled a one-day trial for Maize on Jan. 19.
Pepper asked if there were earlier dates available for a hearing for Maize, who remains in custody.
“The January dates were the first dates available that the assigned Crown and the investigating officer’s calendars merged,” Haslam said.
Pepper ordered Maize brought back to court on Oct. 24, to confirm he wished to proceed unrepresented on the January trial date.
“There will be a trial confirmation date … just to confirm you haven’t changed your mind and that you’re ready to go to trial,” she said.
“You can always retain a lawyer should you decide you want one,” Pepper told Maize.
“No way. No chance I’m getting a lawyer. Self-represented all the way,” Maize said.
Crown prosecutor Brian Hadford asked Pepper to order a court-appointed lawyer to handle the cross-examination of Maize’s neighbour, who he is charged with breaking into her apartment to criminally harass her.
“I’m satisfied that the order will allow … the witness to give a full and candid account,” the judge said in granting Hadford’s application.
“So you won’t be entitled to do that yourself,” Pepper told Maize about cross-examining the complainant.
“There will be a lawyer to do that. That won’t be your lawyer but that will be a lawyer in the court for that purpose,” she said.
“Perfect,” Maize responded.
Maize, 46, was arrested after police executed a search warrant at a complex in the 6400 block of Coach Hill Road S.W. on Monday.
Along with the break-in charge, he’s accused of mischief to property over $5,000 and two counts of disobeying a court order.
Police said officers responded to a break-in report on Sept. 5.
“The victim reported that she was experiencing ongoing issues with a downstairs neighbour, which had intensified in recent weeks,” police said in a news release.
“Upon returning to her residence after being away, she discovered significant disturbances inside the home, including a large hole in the floor, despite her door being locked.”
Maize did not indicate in court an intention to seek bail pending trial.