David Layton - Prosecutor, BC Prosecution Service

David Layton has been the prosecutor on a number of my appeals in the BC Court of Appeal (244069-2-KC, 244069-6-B, 244069-7-B, 244069-8-B, 244069-10-B).

Although I would like to be able to say all of the BC prosecutors are sleazy, lying, cheating, scum bags, so far in all of my dealings with Layton, he has never engaged in those despicable, underhanded tactics. He has utilized certain startegic tactics, such as telling me that Johnson withholding the disclosure until three days before the trial is a very strong ground for appeal, but then at that last second providing his factum distorting the facts and claiming I told Johnson I didn't need the disclosure (based on Johnson's affidavit, even though I'm sure Layton knew Johnson was lying) and, therefore, I wasn't really prejudiced by the late disclosure. While this doesn't amount to lying or cheating, it's not exactly honorable. And there was the time I was convicted of breaching a probation condition, even though I wasn't even on probation when the conduct occurred, then on appeal he argued that it should be considered an "ongoing offense" because the result of the conduct continued to exist until after the probation order came into effect. I mean, come on, I wasn't on probation when I supposedly engaged in the conduct, therefore it couldn't have been a probation breach. Period!

Even though I may find his strategies dishornorable, nevertheless, I cannot say that David Layton has engaged in any misconduct.