'Misunderstanding all around' — Charge withdrawn in Goulais culvert case

A Goulais River man no longer faces a mischief charge stemming from a dispute about a drainage culvert near his Mission Road home.

At the request of the Crown, Ontario Court Justice Heather Mendes withdrew the charge on July 18 and placed Russ Hilderley on a 12-month common-law peace bond.

The judge imposed the $500 no-deposit order with conditions.

Hilderley must not block the culvert, located at 1943 Mission Road, until a ruling is made about the applicability of the Roads Act prescriptive rights that currently exist. 

The 83-year-old retired broadcaster pleaded not guilty to the charge on June 19.

He was accused of blocking and damaging the culvert located near his property.

The alleged offence occurred between May 20 and June 6 of last year.

Hilderley was representing himself at his trial, but part way through the testimony of the Crown's first witness, he asked for an adjournment.

Telling Mendes "I have a fool for a lawyer," he said he wanted the postponement so he could retain legal counsel.

Mendes agreed to his request.

Assistant Crown attorney Adrianna Mucciarelli and defence lawyer Don Orazietti, acting as a friend of the court, subsequently resolved the matter with the proposed peace bond.

"It was a misunderstanding all around," and is a property matter that hopefully can be resolved in a civil procedure, Orazietti says.

Hilderley is "a good member of society" with no previous involvement with the law and "was trying to protect his property."