The trial of three people accused of planning the COVID-era border blockade at Coutts, Alta., saw the defence present a different story on Thursday. CouttsThe defence suggested a different narrative about a chaotic protest where no one had the authority to make decisions.
Defence lawyer Michael Johnston asked former Coutts mayor Jim Willett during cross-examination about who was responsible for the blockade.
Willett replied that he couldn't tell.
Johnston mentioned that the protest seemed disorganized on February 2nd and asked Willett if that was accurate.
Willett agreed that it probably was.
Johnston is representing Alex Van Herk.
Van Herk, Marco Van Huigenbos, and Gerhard Janzen are facing trial for pleading not guilty to mischief over $5,000.
The Crown prosecutors aim to prove that the trio led the protest causing traffic congestion between Alberta and Montana for two weeks in early 2022.
The Crown pointed out that a video message posted by the men after 15 days convinced protesters to go home.
The Crown emphasized that the case is not about COVID-19 or free speech, but about people not having the authority to shut down a major transportation route.
Willlett testified that he was concerned about the well-being of the people in his village as the blockade formed.
Willett identified Van Herk as one of the protest leaders, but Johnston challenged this.
Willett was asked about his impressions after meeting with Van Herk.
Johnston asked if Willett was trying to identify who was in charge and mentioned that Van Herk seemed very tired.
Willett said that Van Herk appeared quite frustrated.
Johnston inquired if Willett thought that Van Herk was attempting to bring some order to the chaos and encourage protesters to leave.
Willett indicated that this was the impression he got.
Johnston showed a video of Van Herk at the protesters' gathering spot, Smuggler’s Saloon, trying to organize a vote to get everyone to leave, but facing opposition.
Van Herk was seen suggesting that everyone leave together to avoid blame for the blockade.
He also mentioned that the blockade was illegal and that negotiations with the police were unnecessary.
Several men in the video disagreed.
One man said he didn't care and another said he would only leave in a police cruiser.
Johnston asked Willett if there was a single group in charge of the protest.
Willett replied that it seemed to him like a group of upset people in vehicles, not a cohesive group in charge of the protest.
Johnston concluded that it sounded like there were multiple different groups at the protest, not just one cohesive group.
Willett said, 'That was the feeling I got.'
The trial is set to continue until April 19.
The Crown emphasized that the Coutts border blockade case does not involve COVID-19 or free expression, but rather the issue of individuals unilaterally closing a significant transportation gateway.
