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West Van man loses appeal of assault conviction of bus driver
Jane Seyd
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A 48-year-old president of a Vancouver-based mining company who got into a fight with a bus driver outside Park Royal Shopping Centre two years ago has lost his bid to have his criminal assault conviction overturned.
Bruce Edward Costerd, of West Vancouver, who is president of Gallery Resources Ltd., tried to appeal his North Vancouver provincial court conviction in B.C. Supreme Court, arguing that the Crown prosecutor had failed to prove that the 62-year-old bus driver didn't consent to the fight. Justice Brenda Brown disagreed and dismissed Costerd's appeal.
Costerd was found guilty of threatening and committing assault after a trial in March before Judge Ellen Burdett in North Vancouver.
According to testimony at the trial, a fracas broke out after Costerd blocked the bus lane in front of Park Royal's south mall with his Land Rover.
The bus driver, Vince Ian Taylor, and another witness testified that after some verbal sparring, Costerd got out of his vehicle and walked up to Taylor, hitting him in the chest and knocking him backwards.
Taylor testified Costerd then walked towards him and said, "I'll f***ing kill you," and grabbed the front of his shirt and tie.
Costerd testified that when Taylor got out of the bus he was rolling up his sleeves and took a "Gentleman Jim Corbett boxing stance."
Burdett said she didn't believe that and felt the evidence had been "concocted" by Costerd and his fiancee to make the bus driver look like a willing participant in the fight.
http://goodpassengerbaddriver.blogspot.com/2004/12/west-van-man-loses-appeal-of-assault.html