Retired broadcaster on trial for mischief in spat over drainage culvert

Telling a judge "I have a fool for a lawyer," a self-represented Goulais River man asked for an adjournment of his trial earlier this week so he could retain legal counsel.

Russ Hilderley is accused of mischief for damaging a drainage culvert near his Mission Road home.

The 83-year-old retired broadcaster pleaded not guilty to the charge when he appeared in a Sault Ste. Marie courtroom.

Ontario Court Justice Heather Mendes heard the alleged offence occurred between May 20 and June 6 of last year.

At the beginning of the trial, she was told the Crown was calling three witnesses.

The court is going to hear evidence that Hilderley blocked the culvert, causing it to overflow and damage neighbouring property on Mission Road, prosecutor Adrianna Mucciarelli said.

When it was Hilderley's chance to cross-examine the first witness, he asked a couple of questions and then requested a postponement so that he could get a lawyer.

Mendes agreed to the defence request.

She put the matter over to June 27 so Hilderley can retain counsel and a date can be set to continue the trial.

Prior to the adjournment, the former vice-chairman of the Goulais Mission Local Roads Board testified that Hilderley had blocked the culvert on a road in front of his property.

Neal Moss said the accused had blocked the culvert three or four times since 2021 — twice with a satellite dish— and it is currently blockaded with a steel plate that has fill on top of it.

Hilderley admitted this fact in a series of e-mails, the witness told Mucciarelli.

Culverts belong to the local roads board and are maintained by the Ministry of Transportation (MTO), Moss said.

He testified that he contacted the ministry about a blockage in the culvert that had to be removed.

"They unblocked it," Hilderley "re-blocked it several times" and "we went back and forth," Moss said.

Mendes heard the culvert is on the roadway on the northeast side of Hilderley's property.

It carries water from the other side of the road to his property line and downhill to the lake.

Moss read an April 7, 2021 e-mail to the court that he had sent Hilderley.

"If you block the flow of water through the culvert you are trespassing," he told the accused.

Any damages to the road, neighbouring properties and vehicles will result in you paying damages, Moss warned.

"All costs for it to be removed will be charged to you," he indicated. "You don't have the right to do this and need to remove it immediately."

Hilderley replied that he initially wanted to solve this, but "I will be blocking off the culvert one way or another."