Lawyer won’t have to testify as accused predator attempts to nix guilty pleas

Ibata Hexamer has applied to withdraw 2012 admission that he sexually assaulted children.

Ibata Hexamer is seeking to withdraw his 2012 guilty pleas to child sex offences.

A judge has ruled a Crown prosecutor will not take the stand as accused child sex offender Ibata Hexamer attempts to withdraw his guilty pleas to offences against children in Surrey, Delta and Vancouver.

Hexamer initially faced 23 charges dating back more than 15 years but in August 2012, pleaded guilty to six – three counts of sexual assault with a weapon, one of sexual assault and two of unlawful confinement. The alleged offences took place in Surrey in 2009, North Delta in 2007 and Vancouver in 1995 and involved girls between the ages of six and 14.

A plea agreement called for Hexamer to serve 15 years in jail, with no credit for time served since his arrest in late 2010.

However, in June of this year, he indicated he wanted to withdraw his guilty pleas.

He filed a lengthy affidavit in B.C. Supreme Court in September alleging his five defence lawyers handled his case incompetently. The court has been hearing that application, with Hexamer and his five lawyers all testifying.

Hexamer then filed a subpoena for Crown prosecutor Elliot Poll to testify. He alleged Poll, who has had conduct of the case for its duration, “engaged in trickery and treachery” in connection with the plea agreement.

In a ruling last week, Justice Jim Williams quashed the subpoena, saying Hexamer’s allegations against Poll were without merit.

The judge said it appeared the crux of Hexamer’s case was that he entered the guilty pleas on the basis that Crown would not pursue a dangerous offender designation – a status that could potentially keep Hexamer in jail indefinitely.

Court documents show Hexamer fired his third defence lawyer after entering the pleas and tried to get his fourth lawyer to negotiate a shorter sentence. Justice Williams said it was obvious Hexamer was determined to get a sentence of less than 15 years, and that’s when the plea agreement went sideways.

The hearing is expected to continue Wednesday (Nov. 19).

 

Surrey North Delta Leader

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Easter Seals drop zone returning to Surrey as ‘great no-contact event’

Health and safety a ‘top priority’ for annual event

Surrey School’s entrepreneurship program expands

‘YELL’ now offered at Queen Elizabeth, Semiahmoo

Proposed White Rock waterfront zoning questioned by residents

Group says approval will create a precedent of increased height on West Beach

Cloverdale students make puzzles for care home residents

Students from Cloverdale’s Sunrise Ridge delivered gifts to seniors and thank you notes to first responders

COLUMN: Timing just right for raising minimum wage

Raising minimum wage will protect human life and reduce poverty, writes Garber Black

Rescuers halt Coquihalla River search due to darkness, after reports of person in river

No information to indicate a child is involved, RCMP state, after this information surfaced on social media

Man who rammed gate near Trudeau residence with truck faces multiple charges

The man, who police have not yet officially identified, will be charged with multiple offences

All community COVID-19 outbreaks declared over in B.C.

Abbotsford manufacturer cleared by Dr. Bonnie Henry

Kelowna RCMP commander calls for more nurses during wellness checks after complaint

Southeast District Commander wants to increase Police and Crisis Team program

‘Tarantula moth’ spotted in broad daylight on Vancouver Island

Polyphemus moths are one of the largest insects in B.C.

B.C. First Nations vow to keep fighting after Trans Mountain pipeline appeal denied

Squamish Nation, Tsleil-Waututh Nation and Coldwater Indian Band made the application

‘Queue jumpers’ not welcome in B.C. as COVID-19 U.S. cases rise: Horgan

Premier Horgan said he’s heard concerns that Americans have stopped at Vancouver hotels instead of heading to their destination

Police arsenal deployed to avoid potentially violent situation: Mounties

Langley RCMP arrest armed Vancouver man after Tasering him on side street

Most Read