Second mistrial for former Woodstock mayor as lawyer disbarred

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Woodstock’s embattled former mayor has notched a second mistrial in his lengthy and complex journey via the legal justice system.

On Thursday, when Trevor Birtch’s trial on two counts of assault and one rely of illegal entry was presupposed to proceed, Ontario Courtroom Justice Jason Miller declared a mistrial as a result of his former defence lawyer, James Battin of Tillsonburg, was disbarred final month.

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“I merely can’t be glad that he would obtain a good trial . . . or that he can be seen to have had a good trial. The regulation requires each for the general public confidence within the administration of justice,” Miller stated. “I’d say it’s a really unlucky scenario, all in all.”

Birtch, 50, a former two-term mayor, has been in authorized sizzling water since 2022, just a few months earlier than he was trounced within the municipal election.

All of his prices – sexual assaults, assaults, impaired driving – are related to his sophisticated love life.

His first trial, within the Superior Courtroom of Justice a 12 months in the past, ended with Birtch convicted of sexual assault and assault of a 45-year-old lady with whom he was romantically concerned. Her identification is protected by a court docket order.

The sexual assault occurred when Birtch tried to power her to carry out a intercourse act throughout a Valentine’s Day getaway to a London lodge in 2021. The assault conviction stemmed from a drive within the nation and a seashore day when the lady was pushed out of the automotive and left with scrapes and bruises after refusing sexual exercise.

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However these convictions have been thrown out after Justice Michael Carnegie declared Birtch’s first mistrial in December. That’s as a result of the Crown had didn’t disclose the proof from the primary trial of Birtch’s former buddy, who was a key witness on the former mayor’s second Superior Courtroom trial in September.

The second trial ended with Birtch convicted of two counts of sexual assault involving a susceptible 39-year-old lady who had habit points in addition to psychological and bodily well being considerations. She described a collection of undesirable sexual encounters with Birtch between 2017 and 2022, typically when each had consumed medicine and alcohol.

Superior Courtroom Justice Spencer Nicholson, in a January choice, stated that Birtch had repeatedly victimized the lady and referred to as the previous mayor – who claimed there was a conspiracy of girls out to shame him – “an apparent liar.”

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Birtch was to be sentenced on these prices final month, however the case was adjourned to August.

In the meantime, in February, Birtch pleaded responsible in Woodstock to having greater than twice the authorized restrict of alcohol in his blood after an Oct. 30, 2023, crash in Oxford County. He was given a 90-day conditional sentence, a 12 months of probation and a 12-month driving prohibition.

An hour earlier than the impaired driving cost, Birtch was in London and was later charged by police there for what occurred at a metropolis residence.

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The 2 counts of assault and one rely of illegal entry contain one other lady with whom Birtch was romantically concerned. The girl, who hadn’t responded to the Crown’s subpoena to testify and wasn’t cooperating, was in court docket for the primary day of the trial earlier than Miller in February.

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Miller heard testimony from a person who stated the lady had been residing together with his household for a number of months. He described listening to yelling on the primary ground, then seeing Birtch slap the lady within the face whereas they have been on the entrance door.

The person stated he advised Birtch to go away, which he did – solely to return and pound on the door 5 minutes later. The person stated when he opened the door, Birtch swung at him and missed. The person wrestled Birtch to the bottom exterior, whereas the lady hid within the man’s mom’s bed room.

He additionally stated Birtch smelled of alcohol in the course of the tussle.

He was the one Crown witness, which shocked Battin. The lawyer sought time to fulfill with the lady so he might name her as a defence witness.

Then, final month, Battin, 75, who practiced regulation for 45 years with out going through self-discipline, was disbarred by the Legislation Society of Ontario for violating Authorized Assist guidelines stemming from a criticism that started in 2019.

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The disciplinary committee discovered Battin privately billed a lady, who had a Authorized Assist certificates, $11,849.65, then made false statements. He repaid the cash solely after being pressed by the society. Battin was additionally required to pay $44,135 in society authorized charges.

That left Birtch in limbo. He arrived in court docket Thursday ready to symbolize himself with no lawyer. He indicated he nonetheless wished to name the lady as a defence witness.

Miller stated the Crown was prone to apply to have another person query the lady when she testified, which couldn’t be completed Thursday.

He additionally wished Birtch to fulfill with obligation counsel “to ensure that earlier than you proceed, you’re glad that Mr. Battin represented your pursuits to the fullest extent you need them to be represented.”

Miller advised Birtch he totally anticipated to be requested Thursday to declare a mistrial “as a result of your trial had been performed by a lawyer who not solely was disbarred however . . . the Legislation Society discovered him to lack integrity and be dishonest.”

“I assume I flip to you and ask would you favor now I simply declare a mistrial?” the decide questioned.

“Thanks, Your Honour. A mistrial,” Birtch stated. “That’s what I used to be going to talk to in my opening feedback.”

The case was adjourned to July 10 for an replace.

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