Guilty pleas and sentences for two Abbotsford men caught hunting deer illegally near Greenwood had to be scratched after it was revealed one of the defendants had trouble speaking and understanding English and will have to return July 29.
The case of Philip Ashok Kumar Pattan and Feng Dao Yang regarding shooting a deer in October of 2023 near the city was before the May 5 circuit court for what was supposed to be entering guilty pleas and sentencing.
Feng is charged with one count of Failing to Comply with the Conditions of a Hunting License, one count Hunting, Taking, Trapping, Wounding or Killing Wildlife Out of Season and one count of Unlawful Possession of Dead Wildlife. Pattan is charged with one count of Hunting, Taking, Trapping, Wounding, and/or Killing Wildlife Out of Season, one count of Unlawful Possession of Dead Wildlife, one count of Failing to Report the Killing or Wounding of Wildlife and One Count of Possessing a Carcass Without Parts Attached.
The facts were read by Brown after the guilty pleas for count one for both, which was hunting, trapping, taking, woulding and/or killing wildlife out of season. The facts of the case stated on Oct. 11, 2023, the men came across a mule deer spike buck north of the city on a spur of Wallace Creek Forest Service Road. Pattel shot the deer and shortly after, some civilians came across the kill, Pattan and Feng and reported them and their vehicle licence plate to Conservation officers. Officers found them at a local motel and after speaking with the pair, were charged
Both men appeared before Judge Robert Brown Via live stream. With Patttan doing most of the speaking, both men said they wished to plead guilty to the charges, with Pattan again explaining they were unaware they had strayed into a prohibited hunting zone for mule deer due to phone-based GPS not working in the area.
He also added he still believed the proposed hunting ban for two years was unfair as this wasn’t an intentional act, but he and Feng were willing to pay the fines and also re-take a hunting safety and regulation course.
Initially, Judge Brown and the Crown asked for Pattel to pay a $3,000 fine – as he was the one that shot the deer – as well as a two-year hunting ban and retake the hunting safety and regulation course within two years. Feng was facing a $1,500 fine – as he was driving – and forfeiture of the weapon he had while hunting, as well as the same hunting ban and re-taking the hunting course as Pattel.
Judge Brown, however, noted it seemed Feng was having trouble following along with proceedings, which Pattel said he was trying to translate with a Google app on his phone as his primary language was Mandarin Chinese. Judge Brown immediately stopped proceedings and announced he had to scratch both guilty pleas and sentences, as neither he nor the Crown could proceed unless all parties understood clearly what was happening.
Judge Brown ultimately ruled both men would have to return to Grand Forks Circuit Court July 29, but strongly suggested they file for a translator for Feng and a waiver to have the case heard in Abbotsford court for resolution. Jurisdiction will stay in Grand Forks Circuit Court for now, Judge Brown said, but made it clear to both men they will have to return to Grand Forks Court on their date to let it know if the case is being handled in Abbotsford and if it is, they will be free of their obligations in Grand Forks.
