After a two-day setback, the trial resumed Wednesday for a store owner who chased down a shoplifter and allegedly detained him in a so-called citizen’s arrest.
The proceedings started Monday, but were plagued by delays because a fully accredited Mandarin translator couldn’t be found to help the men in court. A proper translator was in court with the men Wednesday.
Grocer David Chen and two of his colleagues are charged with forcible confinement and assault. In May 2009 Anthony Bennett stole $60 worth of plants from the Lucky Moose Food Mart on Dundas Street near Spadina. When Bennett returned to the store about an hour later, the men allegedly chased him down and tied him up as they waited for police to arrive.
Bennett took the stand Wednesday and told the court he feared for his life when the men allegedly tied him up and threw him in a van.
The trio described its actions as a citizen’s arrest. The fact that the men are standing trial for protecting the store’s property and that there were no accredited translators available for the first day of the trial has prompted widespread criticism of the justice system. Several Chen supporters filled the courtroom Monday.
On Wednesday mayoral hopeful Rocco Rossi weighed in and said Chen did "what any of us would have done."
"There is no role for vigilante justice in our society, but there is a role for self-defence and the protection of one's own property. The fact that Mr. Chen is treated as a criminal for protecting his store from repeated theft is absurd and speaks to a larger problem that City Hall has failed to address," Rossi said.
Bennett admitted to stealing the plants and selling them on the street for $2 a-piece. He received a reduced sentence of 30 days in jail in exchange for testifying against Chen.
The charges against Chen and his co-workers have also raised questions about what constitutes a citizen’s arrest. Under current law, a citizen’s arrest can only be made when someone is caught in the midst of committing a crime.
With files from the Canadian Press