Accused is no-show in court

Police are hunting for both men charged with assaulting CH cameraman

By Marissa Nelson
The Hamilton Spectator
CAYUGA (Jul 20, 2006)

Police are hunting for two men charged with assaulting a local television cameraman -- one who didn't show up for court yesterday and another who hasn't been arrested.

The charges stem from a June 9 scuffle in the parking lot of the Caledonia Canadian Tire store, a short distance from the contentious Douglas Creek Estates subdivision that the Six Nations people have claimed.

Until now, the public has only known about seven people being charged following several violent days in Caledonia in early June. Only five of them were named. Court documents show an eighth person has been charged, but not yet arrested.

Frank Burning, 37, from Ohsweken, who wasn't identified until today, was supposed to be in a Cayuga courtroom yesterday morning but didn't show up. He is charged with assaulting CH cameraman Nick Garbutt.

Burning was arrested in Brantford last month and released on bail June 28 after giving the court $1,500 in cash and after his mother, Alberta Katherine Mounture, pledged $10,000 in equity she has in a Brantford property to help secure his release.

Justice of the Peace Catherine Woron issued a bench warrant for Burning's arrest and ordered that a special hearing be held to determine how much of the $10,000 his mother will have to hand over since Burning didn't show up for court as ordered.

Woron was told Burning's mother applied to be relieved of her duty as a surety, but that application only came yesterday -- the same day her son didn't show up.

No date has been set for the hearing, when Mounture will have a chance to explain herself in front of a judge.

When Burning was released on bail, he was ordered to live with his mother on the First Line in Tuscarora Township, to stay away from Caledonia and the Douglas Creek Estates and not to communicate with six people, including five men who were charged by police in early June.

He was also told to stay away from Michael Laughing, a prominent figure at the protest site who does not face any charges and is from the U.S. section of Akwesasne. That reserve straddles the U.S.-Canadian and Ontario-Quebec borders.

The other man wanted for assaulting the cameraman is from the same reserve, court documents show.

Police are searching for Ron Gibson, 35, of Akwesasne, Quebec, who is charged with robbing Ken MacKay of a camera and tripod and with assaulting Garbutt, causing bodily harm. Gibson has been charged, but not arrested.

Prominent Six Nations businessman Ken Hill had his case come up briefly in court yesterday.

Hill didn't appear, but was represented by a lawyer.

He is charged with assaulting Steve Tong and Quinton Chausse on June 4 and has hired high-profile Hamilton lawyer Dean Paquette.

Hill will be back in court on July 26, when he's expected to apply to have the terms of his release altered -- an application that requires him to be there in person.