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Judge threatens to throw accused in jail for poor behaviour in court

Kevin Wesley Goudy faces charges of impaired driving and refusing to provide police with a breath sample.

After learning he faced more than one charge in court, Kevin Wesley Goudy became so irate that the judge threatened to throw him in jail. 

Goudy, 55, appeared in Moose Jaw provincial court on Aug. 19, where he faced charges of impaired driving and refusing to comply with a police officer’s demand for a breath sample from an incident on Aug. 1 in Moose Jaw.

Upon hearing he had two charges — he thought he only faced a charge of impaired driving — Goudy interrupted Judge Daryl Rayner and pointed out there should be only one offence. 

“I have no record of a second charge. I only have this,” he said, holding up a piece of paper. 

Rayner then explained that police laid two charges against him, and while he might have an appearance notice with one charge, there were now two against him. Goudy replied that he didn’t refuse to blow; he couldn’t since he has poor health. 

Although Goudy might disagree with the charges, Rayner still wanted to know if he understood them, especially since this was his first appearance in court. 

“I don’t know why there’s two charges; it’s not right … ,” replied Goudy. “I only want the one charge and that’s it because I was not refusing the breathalyzer.” 

Goudy refused to accept the sheet from the Crown prosecutor with the new information, saying irritatedly that he would accept only the one charge. 

“I even requested that they take me for a blood test,” he continued, talking over Rayner. “They refused to do that. I was not intoxicated. I’m fed up with the police putting on extra harassment on me. It’s been going on for 30 years. This is enough. I’ve had it. I have never drunken drive and I don’t need that on my record.”

When Rayner asked if Goudy planned to get a lawyer, he replied that a lawyer would probably tell him to plead guilty and he was not going to do that. Instead, he would handle this himself. He also demanded his licence back.

Rayner told him that there were two allegations, but Goudy replied, “That’s your allegations again. As I said, they’re making up more charges and I don’t agree with it.”

The judge then entered two not guilty pleas into the court record for Goudy, adding he would adjourn the charges for case management since that happens when people want to represent themselves without a lawyer. He attempted to discuss case management further, but Goudy interrupted him again.

“I want somebody who’s going to make sure those police are charged for lying under oath,” Goudy said. “Because two charges I never received. I only received the one. I’m here on the one and that is it. So the police have to be charged. And every time I’ve called in with complaints, they’ve charged me with mischief. And I’m fed up with that too.

“So give me my court date and I’ll talk to that case management person, but I expect that person to do the job.”

“Mr. Goudy, I’m being very tolerant with you, sir,” Judge Rayner said calmly before a hard edge entered his voice. “But you’re pushing it. I want you to understand: you continue with this type of behaviour and you’re going to be ending up there” — using his right thumb to point at the prisoner’s box — “Do you understand that sir?”

“I do,” replied Goudy.

Rayner then set Sept. 6 for Goudy’s case management meeting.

Moose Jaw provincial court next sits on Aug. 20.