A man who was shot and Tasered by RCMP after allegedly attacking an officer with a needle in Banff may have his criminal charges tried in a Calgary courtroom.
Jeffery Allan Giest has been charged with assault while resisting arrest, assault with a weapon, dangerous operation of a vehicle, fleeing from police, leaving the scene of an accident and two counts of possession of a controlled substance.
Speaking on behalf of defence counsel Hersh Wolch, lawyer Anne Wilson told Judge Marlene Graham that a lack of trial dates at the Canmore Provincial Courthouse may result in a five-day trial for Giest being held in Calgary.
Wilson said Giest intends to plead not guilty and elect to have his charges heard before a provincial court judge.
However, because the trial will require up to five days to be heard and a Crown prosecutor has not been assigned yet, charges were put over to March 23 to try and find dates in the Bow Valley.
Wilson indicated it is challenging to find that many court dates together at the Canmore courthouse, which also serves as the provincial court for Banff and surrounding areas.
The Banff courthouse shut down at the beginning of January as a result of budget cuts by Alberta Justice, resulting in all traffic, family, civil and criminal court docket days and trials taking place in Canmore.
To have a trial moved out of the jurisdiction requires the permission of the province’s Chief Justice. Giest remained in custody and has not had a bail hearing.
The charges stem from a Feb. 11 traffic stop along the Trans-Canada Highway that saw a driver refuse to stop, then enter the Town of Banff. When stopped, Giest is accused of attacking an RCMP member with a needle.
At that time, the officer fired his weapon, hitting Giest in the lower body, and he is alleged to have continued to drive towards Canmore, at times on the wrong side of the highway, eventually leading police to Harvie Heights.
Officers used a Taser to subdue Giest, who was taken to hospital and eventually charged.
