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Desiree Capuano & James Pendleton
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R. v. Patrick Fox - RCMP Interviews

Burnaby File: 16-25379
Statement of Patrick FOX
Statement Date: 2016/06/16
Statement Time: 19:10 hours

HM: Cst. Heather MONTAGLIANI
PF: Patrick FOX

Corrected by Constable Montagliani on August 2nd, 2016.

1.HM:This is Cst. MONTAGLIANI reg number 60669 June 16th 2016, 19:10 hours Burnaby RCMP file 2016-25379 just doing the post access to counsel (inaudible). Alright come on out. Just ah hang tight right there.
2.PF:Mmm hmm.
3.HM:Okay so did you speak to a lawyer of your choice?
4.PF:I spoke to whoever it was that was on the phone. I didn’t choose him.
5.HM:You didn’t choose a lawyer?
6.PF:No just whoever came on the phone there.
7.HM:Okay so that was the legal aid counsel,
8.PF:Yeah okay sure.
9.HM:And prior to that you said that you wanted to talk to a public defender.
10.PF:Sure yes,
11.HM:So,
12.PF:I thought you meant like somebody that I chose by name somebody,
13.HM:Okay.
14.PF:That I explicitly requested.
15.HM:Yeah we can put you in touch with any lawyer you wish,
16.PF:Sure.
17.HM:But ah at this point did you speak to the lawyer that ah, you chose?
18.PF:I spoke yes to the legal aid person I suppose.
19.HM:Name of the lawyer?
20.PF:I’m sorry?
21.HM:Name of the lawyer?
22.PF:I have no idea.
23.HM:Okay he didn’t tell you his name?
24.PF:I don’t recall.
25.HM:Okay. So do you understand the legal advice that ah you receive?
26.PF:Yes I do.
27.HM:Okay.
28.PF:And I don’t entirely agree with it.
29.HM:Okay.
30.PF:He urged me not to talk to the police.
31.HM:Okay.
32.PF:Which I understand in most cases that would be the right thing to do because the person doesn’t really know much about the law and they could incriminate themselves but I think usually I’m okay talking to the police.
33.HM:Okay.
34.PF:Because I know what things not to say.
35.HM:Okay. Did your lawyer tell ya that they’d be coming down to the police station to provide you with any advice in person?
36.PF:No.
37.HM:Okay. Perfect. Okay so I’ll take ya back to your cell. Now that we’ve done that okay?
38.PF:Sure.
39.HM:Okay head down this way.
40.PF:Um, but can you tell me ah, what is the (inaudible)
41.HM:Okay so well like I said you’ve been arrested so you’re not detained you’re now arrested (inaudible) police custody.
42.PF:Yes I understand.
43.HM:So I will be back, my partner’s gonna come back and talk to you in a few minutes here okay?
44.PF:Okay.
45.HM:I just wanted to make sure you had a chance to access counsel.
46.PF:Sure.
47.HM:Okay? And then we’ll go from there.
48.PF:Um do you (inaudible) at this point that (inaudible) probably be going (inaudible) the morning and see a judge or something?
49.HM:You have to be presented in front of a judge within 24 hours.
50.PF:Well I understand I have that right.
51.HM:Yes.
52.PF:But the police also have the discretion to do the um what’s it called ah,
53.HM:We can do a bail hearing and that,
54.PF:(inaudible) ah own recognizance thing like that last time,
55.HM:Yeah.
56.PF:Back in July.
57.HM:When you’re gonna be presented before a JP.
58.PF:Okay.
59.HM:So be back in a few minutes okay?
60.PF:Sure.
61.HM:Thanks. Concluded here.