A Thompson Rivers University administrator who was caught with child pornography on his work computer will not be bound by a 10-year restriction on his access to children, a judge ruled Thursday.

Andrew McKay had earlier pleaded guilty to possession of child pornography. The 55-year-old was charged after a backlogged office printer at TRU spat out a colour selfie of a topless pubescent girl in May 2014. At the time, he was the university’s director of graduate studies.

Court heard McKay had previously attempted to print the image, which he had emailed to his work computer. It was found by one of his co-workers. The co-worker showed the photo to McKay, who suggested he destroy it. McKay later admitted the photograph was his and the co-worker contacted police.

Investigators seized McKay’s work computer and found four troubling images — two depicting topless underage girls, one of a young girl in her underwear and another of a girl in a bikini.

McKay was fired by TRU. He later moved to Celista and now lives in Surrey. A court-ordered psychological assessment prior to sentencing showed McKay exhibits signs of hebephilia, a sexual attraction to people between 11 and 14 years of age.

In addition to the mandatory-minimum 90-day jail sentence, Crown prosecutor Evan Goulet asked Kamloops provincial court Judge Mayland McKimm to impose a 10-year ban on McKay volunteering or working with children and a probation term with conditions restricting his access to children and the Internet, as well as an order he take counselling.

Defence lawyer Shawn Buckley argued McKay did not believe he was breaking the law and presented in court a number of readily available legal images of child nudity, which he said were more suggestive and sexual than the photos found on McKay’s computer.

McKimm placed McKay on a one-year probation term with one condition — that he take counselling as directed. The judge declined to order the decade-long condition restricting interaction with children.

“Mr. McKay has taken enormous steps in his rehabilitation,” McKimm said.  “I do not believe an order restricting Mr. McKimm’s liberties further is necessary in this case.”

McKay will have to register as a sex offender for the next 10 years and was ordered to submit a sample of his DNA to a national criminal database.

He will serve his jail sentence on weekends.

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IN THE PHOTO: Tyler Myers was shot to death in the Bastion elementary schoolyard shown above on Nov. 21, 2008. The 24-year-old man found guilty of his murder cannot be named because he was 16 at the time. KTW file photo

A Salmon Arm man who was convicted last month of first-degree murder in relation to the 2008 shooting death of a romantic rival could face 10 years in prison before being eligible for parole. Tyler Myers, 22, was shot to death in the Bastion elementary schoolyard in Salmon Arm on Nov. 21, 2008. The 24-year-old man found guilty of his murder cannot be named under the Youth Criminal Justice Act because he was 16 when Myers was killed.

The killer’s ex-girlfriend, now a 25-year-old woman, is expected to stand trial on first-degree murder in November. During the killer’s trial, she was painted by defence lawyer Donna Turko as the mastermind behind the murder. She also cannot be named because she was 17 at the time of Myers’ death.

Both accused were charged four years after the slaying, following a months-long RCMP Mr. Big undercover operation that culminated in confessions from both suspects. Court heard the killer shot Myers three times. The first shot was fired as he hid in a treed area in the schoolyard. He then emerged and fired two more shots, including one into Myers’ head.

Jurors heard both Myers and the killer were involved romantically with the female accused. Following the killer’s conviction, the Crown said it planned to seek an adult sentence. During a brief hearing on Wednesday, B.C. Supreme Court Justice Sheri Donegan ordered a placement report be done for the killer to determine the type of institution in which he should serve his sentence.

If the Crown is successful in its application to have him sentenced as an adult, the killer could face a life sentence with 10 years of parole ineligibility. If sentenced as a youth, he would serve no more than six years behind bars. He has been in custody since his arrest in 2012.

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A former New Zealand politician accused of murdering his Canadian wife while on vacation in B.C. six years ago may not apply to move his second trial out of Kamloops. Peter Beckett stood trial on one count of first-degree murder earlier this year stemming from the Aug. 18, 2010, death of his wife, Laura Letts, who drowned in Upper Arrow Lake.

After a three-month B.C. Supreme Court trial that wrapped up in April, a Kamloops jury was unable to return with a unanimous verdict. A mistrial was declared and Beckett later announced plans to apply to move his re-trial out of Kamloops.

During a brief hearing on Wednesday, court heard Beckett has hired a new lawyer, who asked for time to go over disclosure. Marilyn Sandford also hinted at the possibility that a change-of-venue application may not be heard.

The Crown’s case against Beckett, who moved to Alberta in 2002 to marry Letts, is a circumstantial one. Prosecutors allege he killed his wife out of greed, hoping to cash in on life-insurance and accidental-death benefits, as well as her teacher’s pension.

Beckett, meanwhile, maintained during trial that Letts’ death was either suicide or an accident.

Lets admitted to having suicidal thoughts in a 2007 diary entry.

Court heard Letts went into the water while she and Beckett were on an evening boat ride near Shelter Bay provincial park campground. She was not wearing a life jacket and was not a strong swimmer.

Lawyers are expected to return to court on Sept. 19 to address logistical issues with a potential change of venue, and hear whether a hearing will take place. Beckett has been in custody since his arrest in 2011.

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The owner of a North Kamloops home where shots were reported earlier this week said responsibility to deal with problems rests with RCMP.

A property information search reveals the home at 900 13th St. is owned by Raquel Hernandez-Lazo.

RCMP reported shots were fired at the home Wednesday morning. Witnesses saw three people running from the residence.

A shotgun found in an alley was seized. There were no injuries or charges resulting from the incident, which remains under investigation by the RCMP.

Reached at Red Sea Auto sales, which she operates, Hernandez-Lazo declined to answer questions regarding activities at the 13th Street home, saying only she is powerless.

“I don’t have the law in my hands,” she said.

“If I did, I could probably do something about it. . . . I’m not doing anything about it.”

Earlier this year police were first called to the address for a report of shots — determined instead to be fireworks set off from the balcony.

One week later, RCMP raided the home. A 41-year-old man with links to organized crime was arrested. No charges have been laid by Crown.

According to B.C.’s Residential Tenancy Act, a landlord can issue an eviction notice when “the tenant or a person permitted on the residential property by the tenant has engaged in illegal activity.”

A records search indicates Hernandez-Lazo resides at 1770 North River Dr., which is listed as her residence. She also owns a parcel in Barriere, a house in Chilliwack and a strata property in the Lower Mainland.

RCMP Cpl. Jodi Shelkie said she cannot speak specifically on dealings at the 13th Street home, but in general police advise owners.

“As a matter of custom in investigations like this, we do contact homeowners,” she said.

The 13th Street house has a mortgage registered on the title. All the properties have a judgement rendered in March of last year in federal court for $157,000 owing by Hernandez-Lazo under the Income Tax Act.

Hernandez-Lazo and two sales people at Red Sea Auto were also cited by the Motor Vehicle Sales Authority of B.C. in 2013 for misleading a buyer about a one-ton truck that had 444,000 kilometres on it. The truck was subsequently determined unsafe at an inspection facility.

Red Sea Auto paid $3,500 in penalties while Hernandez-Lazo paid an additional $250.

The dealership was also required to have all its vehicles inspected at an independent government facility for six months after the February 2013 settlement.

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Hours after Kamloops Tirecraft general manager Graham O’Connor learned of a theft from his shop, a call from the RCMP brightened his day.

The shop on the Mount Paul industrial park is back in possession of more than 30 tires valued at $5,000 retail, recovered from the 13th Street home where Mounties responded to a report of gunshots.

“I was pretty stoked,” O’Connor said of the news of the return.

“I was having a tough morning until then.”

The theft from the shop occurred around 2 a.m. Wednesday.

RCMP investigated the home at 900 13th St. hours later, after a report of shots fired about 7:30 a.m.

Witnesses saw three suspects running from the home and a shotgun was later found by police in an alley.

Three people were detained and later released without charges.

O’Connor said he received word from RCMP about noon that day his tires were found in the home. He now has them back in his shop.

The shop manager said it’s the third time recently he’s been the victim of theft, but calls himself “two for three” in recovering items.

In the other instance, his service truck and a trailer were spotted in Hope.

A suspect was arrested and charges resulted.

RCMP Jodi Shelkie said earlier police believe the shots fired was a targeted incident.

On May 6, police executed a search warrant at the home. At that time, a 41-year-old man with ties to organized crime was arrested, according to police, and investigators seized thousands of dollars worth of drugs.

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A suspected murderer who was released on bail after allegedly stabbing his uncle to death is back behind bars, accused of breaching curfew.

Colton Smith is charged with second-degree murder in connection to the Jan. 22 stabbing death of Jeremiah Johnson Smith.

The 20-year-old accused was granted bail in early May, with conditions requiring he attend a 45-day addictions-treatment program, abstain from alcohol, stay out of Lytton and obey a curfew.

According to court documents, Kamloops Mounties busted Smith out past his 7 p.m. to 6 a.m. curfew on July 31. He was charged on Monday.

Jeremiah Johnson Smith, the accused’s uncle, was stabbed during an altercation at a Lytton house party. The accused is alleged to have entered a neighbouring home, stolen a knife and attacked his uncle outside the party.

Smith is slated to appear in B.C. Supreme Court for another bail hearing on Friday.

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The daughter of a Kamloops murder victim has been handed a jail sentence just shy of six months for a crime spree she claims stems partially from unprocessed grief in dealing with her mother’s violent death.

Jessica Travers pleaded guilty in Kamloops provincial court on Wednesday to eight charges relating to a crime spree that began in May and ended with an arrest last week.

Over that time, the 22-year-old was caught stealing Bluetooth speakers worth more than $250 from London Drugs and clothes from Sears.

She was also busted pilfering a $45 bottle of tequila from a government liquor store by shoving it down her pants. At Sears, court heard, Travers pulled a scalpel on a loss-prevention officer when confronted on July 25.

She then ran away and was pursued on foot by an off-duty Kamloops Mountie who happened to be shopping in the store. The corporal gave up chase after learning Travers had a weapon.

Travers was arrested the following day after another officer spotted her leaving a downtown liquor store in violation of a previously ordered probation condition.

Defence lawyer Don Campbell said Travers is the daughter of Heather Hamill, who was murdered in 2003. Robert Balbar beat Hamill to death with a hammer in his North Shore apartment, then dumped her body in the North Thompson River.

Campbell said Travers has not coped well with her mother’s death and has become addicted to heroin.

“She has not dealt with the grief and loss from that situation,” he said. “It has certainly contributed in terms of the challenges she has.”

Kamloops provincial court Judge Roy Dickey sentenced Travers to 166 days behind bars, to be followed by a year-long probation term barring her from entering any liquor store, Sears and London Drugs.

Babar was convicted of second-degree murder and handed a life sentence. Last year, a B.C. Supreme Court judge ordered him to serve 13 years in prison before being eligible for parole.

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Breaking into a store to use the bathroom after being kicked out of a house party will cost a Kamloops man nearly $400.

Moses Richard Thomas Richter pleaded guilty in Kamloops provincial court on Tuesday to a mischief charge stemming from an unusual incident in Clearwater last year.

Court heard the 36-year-old was kicked out of a party at a home near Dee’s General Store in the early-morning hours of May 17, 2015.

Police were called by the store’s owner at about 2 a.m. He said a drunk man had broken in to his business and locked himself in the bathroom. An officer opened the bathroom door and saw Richter on the floor.

“He believed the male was passed out asleep,” Crown prosecutor Joel Gold said. “The male grumbled and talked about wanting to be left alone. Nothing was taken from the store. It’s not entirely clear what he was doing inside the store.”

Defence lawyer Genevieve Eliany cleared things up for Gold.

“He broke into the store to use the bathroom,” she said. “He doesn’t remember it well and it’s consistent with the story he was passed out in the bathroom.”

Eliany said Richter was raised in Clearwater, but has moved to Kamloops for work.

Richter was in a wheelchair in court as he broke his leg while Rollerblading in June.

Kamloops provincial court Judge Roy Dickey ordered Richter pay a $300 fine and reimburse Dee’s General Store the $75 it cost the owner to repair a door damaged during the break-in.

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A Kamloops criminal who made headlines five years ago after escaping from prison is back behind bars after leaving a calling card following a locker break-in at a local gym.

Steven Michael Hodgins pleaded guilty in Kamloops provincial court yesterday to one count each of theft under $5,000 and being unlawfully at large.

Court heard the 27-year-old was spotted by a witness using a pair of bolt cutters to break into a locker at the Tournament Capital Centre on May 12.

Crown prosecutor Oliver Potestio said Hodgins made off with keys, an iPhone and a wallet, but left behind a methadone prescription with his name on it.

Once the prescription was found, TCC staff called police and got to work on their own investigation.

“The staff Googled Mr. Hodgins’ name and found articles about a previous escape from KRCC and photos of him,” Potestio said, noting staffers showed Hodgins’ mugshot to the locker-room witness.

“He was convinced it was the same person.”

Hodgins wasn’t arrested until July 25 — more than a month after he was supposed to have begun serving an intermittent jail sentence on weekends for an unrelated conviction.

Defence lawyer Don Campbell said Hodgins had been clean for a year, but relapsed in May on heroin.

Kamloops provincial court Judge Stella Frame sentenced Hodgins to 45 days in jail, to be followed by a one-year probation term with orders barring him from going to the TCC or possessing bolt cutters.

Hodgins was part of an inmate work crew at KRCC on Oct. 18, 2011, when he took off on foot. An exhaustive search of the area by police turned up nothing and Hodgins wasn’t found for nine days, when a passerby spotted him at Northhills Centre.

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A Kamloops man is facing a string of serious charges after allegedly attempting to set downtown buildings on fire before holding three United Way employees hostage and demanding a ransom.

Leonard Joseph Cantin is charged with three counts of arson and one each of extortion, unlawful confinement and assault with a weapon stemming from a brief crime spree last week.

RCMP Cpl. Jodi Shelkie said it started at about 6 a.m. on July 26, when three separate fires were set downtown. Court documents list the addresses as 301 Victoria St., 91 Seymour St. and Sacred Heart Cathedral.

Just before 9:30 a.m., Shelkie said, the suspect entered a business on Victoria Street and demanded cash from three employees.

That business was the United Way Thompson Nicola Cariboo, and executive director Dana-Lee Baker said the culprit, who she called Leo, was a homeless person who has been living near the office for some time.

“He’d been hanging around for quite a bit — quite a nice guy,” she said. “But he was quite agitated.”

Baker said the man entered the office and demanded a cash ransom.

“He just said he needed $500 and he was wanted for murder, which I don’t think was true,” she said. Three United Way employees went with the suspect into a boardroom to talk to him and he barricaded the door, Baker said.

“One of the staff members was able to get out and they called police,” she said.

Shelkie said the man stayed in the office until police arrived and was arrested without incident.

Baker said she hopes the incident will lead to better access to services for people experiencing mental-health crises.

“We feel disheartened about it, but everyone’s safe,” she said. “We’ve had a lot of debriefing about it. I hope it starts a different conversation in Kamloops. I hope we can have a better conversation about these issues.”

Cantin, 54, is being held in custody with his next court appearance slated for Aug. 18.

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A First Nations grandmother claims her arm was broken and ribs were cracked at the hands of a Kamloops Mountie.

Vancouver resident Sherry Peters is in Kamloops visiting family. She said she suffered multiple injuries while being arrested this week after having a medical incident on the North Shore.

The 57-year-old told KTW she laid down and clutched her chest on a North Shore sidewalk on Aug. 2, worrying she might be having a heart attack. A passerby called an ambulance and police were also dispatched to the scene.

“An ambulance came and they said it doesn’t sound like you’re having a heart attack,” Peters said. “All the sudden, a cop came up and really grabbed me.

“They were telling me to do something and I didn’t hear them. All the sudden, I get slammed to the ground. Then stomp, right on my arm.”

Peters admitted to having consumed liquor earlier in the day but said she was sober when police and paramedics showed up. She was arrested and taken to the drunk tank. The officer Peters claims assaulted her is a senior member at the Kamloops detachment with the rank of corporal.

Once in cells, Peters said, she asked another officer for medical help.

“I says to the constable, ‘Look at my arm,’” she said. “He just looked at it and mimicked me, mimicking what I was doing. They were just right ignorant to me.”

Hours later, Peters said, she was taken to hospital, where a doctor said her arm was broken and that she may have cracked ribs, in addition to bruising on her shoulder and elsewhere.

“I was in pain all night long,” Peters said.

Kamloops RCMP Cpl. Jodi Shelkie confirmed Peters was arrested on Aug. 2, but that’s about all she would say.

“If she wishes to come in to the Kamloops RCMP and make a public complaint, she’s welcome to do so,” she said. “Or, alternatively, she can use the CRCC [Civilian Review and Complaints Commission] process.”

Shelkie said any potential internal investigation wouldn’t take place until a complaint had been filed.

“Unless there’s a complaint, we wouldn’t investigate anything — we wouldn’t know what to investigate,” she said. “But, we more than welcome her to come in.”

Peters said she plans to meet with a Kamloops lawyer on Monday before returning home to Vancouver.

“I want them to know they can’t get away with doing this stuff,” she said. “I went through enough growing up in foster homes being abused. Why should I be abused from officers?

“They’re supposed to be out there protecting us, not punching us out or breaking our arms.”

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A KRCC inmate was triggered by his own sexual abuse as a child when he carried out a vicious beating on a man who was jailed for child luring, his lawyer argued in B.C. Supreme Court.

David Mack, 40, pleaded guilty to assault causing bodily harm on Stewart Kerr.

Crown lawyer Catriona Elliott said Mack, Kerr and another inmate were in a small holding area in March last year waiting for a doctor’s appointment.

Video from the holding cell shows Mack walking over to Kerr and delivering a series of punches to his head, throwing him to the concrete floor and kicking him.

Kerr did not move for at least a minute after the attack but eventually got up and collapsed on a bench.

Afterward, both the victim and perpetrator made efforts to clean up blood in the room. His injuries included a broken orbital socket, broken cheekbone and extensive damage to his teeth.

Defence lawyer Don Campbell said Mack’s attack was triggered by conversation during which Kerr “downplayed” his conviction for child luring.

Kerr was transferred to KRCC the day before.

According to a Vernon Morning Star story, Kerr was arrested when he attended a fast food restaurant in Vernon to meet what he thought was a boy he was communicating with online.

The person on the other end was an RCMP member, part of the force’s integrated child exploitation unit.

“He [Mack] was severely sexually assaulted when he was approximately the same age as Mr. Kerr’s [alleged] victim,” Campbell said. “Mr. Mack has a son about that age.”

Mack has a long criminal record, including for violent assaults.

The Crown asked for two years jail, while Campbell argued for the 11.5 months Mack served awaiting his sentence. B.C. Supreme Court Justice Keith Bracken sentenced Mack to 15 months jail along with a year of probation. With credit for time served, he has another 3.5 months left to go.

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A first-time offender picked the wrong car to make what seemed like an easy grab of sunglasses and cigarettes.

Tyler Norman, 34, pleaded guilty on Monday to a single count of theft under $5,000 after he was recorded stealing items from an RCMP bait car in June. Bait cars are equipped with extensive camera systems.

Prosecutor Will Burrows said a Mountie was able to identify Norman by notable tattoos, particularly on his leg and arms. He was later arrested.

Provincial court judge Stella Frame give Norman a suspended sentence with one-year probation, including an evening curfew. Norman told Frame he was addicted to opiates when he stole the items from the bait car. He is now on a suboxone program.

The Fort McMurray resident has no criminal record.

“I’m free of drugs again,” Norman told Frame. “I was homeless and going through a hard time in my life.”

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A Kamloops driver who struck and killed his former teacher on a residential street in 2014 said he thinks about the incident every day.

Jordan Jones, 26, pleaded guilty Tuesday to driving without due care and attention, a Motor Vehicle Act offence.

Robert Petersen, a popular city music teacher, died on Nov. 15, 2014, after the bicycle he was riding down Springhill Drive struck the rear quarter-panel of Jones’ car.

Court heard Jones was travelling up Springhill Drive, his vision affected by the evening sun low in the sky. He saw two vehicles ahead and judged he could safely turn into a townhouse complex. He did not see Petersen.

“He was a well-respected music teacher in Kamloops,” said provincial court judge Stephen Harrison. “It turns out he was tragically known to Mr. Jones and was a teacher to him.”

Harrison levied an $1,800 fine, describing it as a large amount for the offence. He did not sentence Jones to a driving ban after lawyers advised B.C.’s Superintendent of Motor Vehicles is bound to do so.

Jones’ driving record includes infractions for speeding, failure to stop at a red light and three instances of failing to display his “N” on his car.

“It is not a good driving record, neither is it the worst,” Harrison said.

Jones is a professional hairdresser with a large clientele in the city. He has recently moved to New Westminster.

His lawyer, Jeremy Jensen, said Jones told him he thinks about the the tragic incident two years ago every day.

“I can’t imagine how the family must feel,” Jones told the court. “I wish there’s more I could do. I’m just really sorry.”

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A former manager of KGHM Ajax claims he was the “public face of the project” and increased support in Kamloops for the proposed mine but was unfairly fired and abandoned in the midst of efforts to become a permanent resident of Canada.

Clyde Gillespie is suing KGHM Ajax Mining Inc. in B.C. Supreme Court. His statement of claim alleges the company led him to believe he was to become the overall head of the Kamloops project, but the plan ran into problems because he is an American citizen.

When Gillespie moved to Kamloops in May of 2014 to head project development, KGHM Ajax was forced to obtain a labour-market impact assessment to show a Canadian could not be hired to perform the job.

“From March 2015 until his termination, Mr. Gillespie was the most senior KGHM Ajax employee based in Kamloops and was the public face of the Ajax project,” reads the statement of claim.

Gillespie claims he entered into a new contract in July 2015 that would pay him $260,000 a year along with a 35 per cent bonus but the company soon discovered it needed to do a second labour-market impact assessment — something it did not want to do.

KGHM Ajax has yet to file a statement of defence. None of the allegations have been heard or proven in court.

The company decided to offer a third contract that would not require the labour-market assessment, but would still allow Gillespie to head the project. He also claims KGHM Ajax hired a lawyer so he could obtain status as a permanent resident in Canada, something started in January this year.

A series of events then transpired over a number of days in May, according to the statement of claim, when turmoil struck the Kamloops office.

•  Gillespie’s work permit expired May 22.
•  Two days later, Gillespie dismissed eight full-time employees here, something he claims was at the company’s direction.
•  On May 26, Gillespie met with KGHM Ajax’s CEO, Jan Peisert. “As a result of the Peisert meeting, Mr. Gillespie was led to believe that his job was secure,” the statement of claim said.
•  On May 27, Gillespie was told two senior KGHM managers were travelling to Kamloops “to put confidence back in the team. Unbeknownst to Mr. Gillespie, the true purpose of the visit was to dismiss Mr. Gillespie.”
•  On May 31, Gillespie was fired and escorted out of the downtown building in view of remaining employees.

The lawsuit claims Gillespie was vulnerable because his permanent residency was not yet in place. He also claims KGHM Ajax failed to properly compensate him for the dismissal. He is seeking damages for pain and suffering, loss of income and expenses to sell his Batchelor Heights home and move back to the United States.

“KGHM Ajax dismissed Mr. Gillespie with full knowledge that Mr. Gillespie had relocated his family and bought a house in Kamloops in reliance upon KGHM Ajax’s inducements and representations,” the statement of claim reads.

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A oil field consultant who failed to remit GST he collected for a decade and then absconded from his sentence hearing five years ago faces nearly $50,000 in fines and 90 days in jail.

James Kennedy pleaded guilty in 2010 for failure to remit $65,000 in GST, an offence under the Excise Tax Act.

His sentencing was set for May 2011 but he did not show up. A warrant was issued and he was eventually arrested earlier this year at Vancouver Airport, returning from a job overseas.

“For five and a half years Mr. Kennedy was a fugitive from justice,” said Crown lawyer Anthony Varesi. “He left the country overseas… . Court can have little confidence he won’t abscond again.”

The Crown argued for a 90-day jail sentence along with $49,000 in fines.

Kennedy faced a number of problems with Canada Revenue Agency. At one time he owed $144,000 in income taxes. The taxman seized his truck and boat and he has faced civil action. He also paid fines for failure to pay income tax.

But Kennedy, 58, complained he was unaware that he faced a sanction.

“I thought it was all sorted out and done,” he told B.C. provincial court judge Roy Dickey Wednesday.

Dickey reserved judgement, likely for later in August.

Kennedy works extensively overseas, including in Libya and Vietnam in oil field and pipeline construction as a supervisor. His passport was seized when he was arrested in May.

He told Dickey he needs to get back to work and has a potential offer in Kuwait. He said he supports a wife and daughter, who has Down syndrome, in Vietnam. Kennedy also claims he lost $500,000 in a year.

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Homeowners in Blind Bay who built a towering retaining wall that encroached on a neighbouring property acted with “disdain and contempt,” a B.C. Supreme Court justice ruled.

Justice Nigel Kent handed down a judgement in a long running feud between neighbours at Shuswap Lake Estates, in Blind Bay. He found house owners and builders Svend Lojstrup and John Jensen trespassed on their neighbour’s property as well as violated a subdivision building scheme and a Columbia-Shuswap Regional District bylaw.

The pair were sued by Travis Drager and Dean Strong, who built their own home at Shuswap Lake Estates in 2007.

In 2011, Lojstrup and Jensen bought the neighbouring property to the east.

“Extensive retaining walls were installed on the west side of the site in order to support the creation of a flat building area and the defendants built a house which the plaintiffs and their neighbours have labelled a ‘monstrosity’ and ‘abomination.’” Kent wrote.

The defendants originally constructed the retaining wall on Drager and Strong’s property, moving it only when threatened with legal action.

But the reconstructed wall nonetheless failed to meet a minimum setback from the neighbours’ home.

“The plaintiffs’ objections to both the initial trespass and the setback encroachment of the replacement wall were treated by disdain and contempt by the defendants,” Kent wrote.

Kent wrote Lojstrup, who now owns the home by himself, must deconstruct and move the encroachment on the setback area, or compensate Drager and Strong.

He also set a strict set of conditions and schedule if the two sides fail to come to a settlement that avoids deconstruction and replacement.

The B.C. Supreme Court justice ruled Lojstrup and Jensen must pay $50,000 in general, special and punitive damages.

“The conduct of each of the defendants has been arrogant and high-handed in the extreme,” Kent said.

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A man charged with break and enter posted a meme on his Facebook wall that duct tape can be used to muffle sound of a broken window — evidence similar to that found at the scene of the crime.

Jason Teskey’s fingerprints were discovered by police on duct tape strategically placed on a window before it was broken at a North Kamloops home, to which the Crown alleges he illegally gained entry.

A B.C. Supreme Court judge will decide whether the four fingerprints found on duct tape placed in a star pattern on the window are enough to convict Teskey of break and enter and theft of firearms from a home on Valdes Drive in February 2014.

The homeowner, away on holiday at the time, returned to find his house ransacked. Kitchen taps were turned on and pointed to the counter, flooding parts of the house. Missing were six firearms from a gun case as well as coins and watches.

Crown lawyer Evan Goulet urged Justice Elliot Myers to convict Teskey, arguing there is no reasonable explanation of how the floor layer’s prints ended up on the duct tape.

Teskey testified he did not break into the home. He said his prints may have been left on the tape when he ripped off strips to give to a former roommate and employee, used to fix his truck’s broken window — something Goulet said “doesn’t make any sense.”

During cross-examination, Goulet noted the post to Teskey’s Facebook wall, a photo of duct tape placed on a window, with words beneath to the effect “duct tape can’t fix stupid but it can muffle the sound.”

Teskey testified he thought the meme was funny and reposted it without much thought.

Defence lawyer Eric Rines urged acquittal of his client. He noted no other fingerprints were found inside the home and the gun safe’s code was known only to two people: the homeowner and a former tenant with whom he had a falling out.

“He [Teskey] worked with duct tape on a daily basis and had provided some to another person within the time period.”

Elliott reserved his decision to Thursday.

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Five days will be set aside next year for the preliminary hearing of three men RCMP allege were behind the largest meth lab ever found in Kamloops.

Three men, Ikbal Shah, Joel Garrett and Derek Sadden, were charged after police raided what they say was a clandestine lab at a home on Pratt Road in Barnhartvale. After the arrests, RCMP told reporters the lab had the ability to produce roughly 60,000 doses of methamphetamine every 48 to 72 hours.

Shah and Sadden together face six drug-related charges while Garrett faces two drug charges and three for firearms. The home was registered to Garrett.

The Crown and lawyers for the three men determined this week a five-day preliminary hearing will be set in either spring or summer next year. Preliminary hearings are held to determine if there is enough evidence to go to a trial.

The three men have elected to be tried in B.C. Supreme Court by judge alone. A date for trial will be set after the preliminary hearing.

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A labourer who collected employment insurance while making undeclared income at the same time will pay $7,000 in fines in addition to paying back more than $9,000 in benefits.

Donald Connelly pleaded guilty on Thursday to three counts of underreporting his income and four counts of making false representation on employment insurance documents. Charges were made under the Employment Insurance Act.

In total, he collected about $9,300 in benefits, from underreporting income during pay periods in 2012 and 2013 while working as a labourer at Kamloops Wire Products.

“It’s fraud of the public purse,” said Crown lawyer Anthony Varesi.

Over the period from June 2012 to August the next year, Connelly earned more than $27,000 at his job, which was topped up by $9,300 in employment insurance benefits he was not due.

Connelly has no criminal record but has been hit with administrative penalties in the past for dealings with employment insurance.

“It just seemed easy,” he told provincial court Judge Chris Cleaveley. “I did it and regret it.”

Noting Connelly must also pay back overpayments on his limited income, Cleaveley declined to go with the maximum fine suggested by the Crown of $14,000, instead cutting it in half to $7,000.

“It sends a strong message to those individuals who might think it’s an easy way to defraud taxpayers,” Cleaveley said.

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