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).