SOMBA K'E/YELLOWKNIFE
Not everyone who tries to fight a speeding ticket wins, but not everyone who tries to fight a speeding ticket has an ex-bylaw officer on their side.

Const. Gregory Brown of the Municipal Enforcement Division checks for speeders on Franklin Avenue last June. Dennis Marchiori, director of public safety, says each bylaw officer issues about 177 speeding tickets per year in Yellowknife. - Daniel Campbell/NNSL photo

John Williston, owner of the downtown Subway building and vice-chair of the Stanton Territorial Hospital Foundation, was pulled over on June 13 by city bylaw for speeding.

The officer who nabbed him, Const. Jamie Fudge, alleged Williston was going 68 km/h in the 45 km/h zone in front of Your Independent Grocer on Old Airport Road. He issued him a $75 ticket.

In a dash-cam video of the incident, Fudge advised Williston he can pay the ticket or fight it in court. A defiant Williston said he'll be sure to see Fudge in court over it.

"I have no time of day for city bylaw," Williston told Fudge through his window. "City bylaw is a joke."

So Williston enlisted the help of Doug Norrad, an ex-bylaw officer who also happens to be suing the city for $770,000. Norrad alleges he was wrongfully dismissed and harassed by his former supervisor, Doug Gillard. He said he's owed 20-months salary (Norrad was being paid $101,508 annually) and money for the mental distress of working in a hostile environment.

Norrad agreed to assist Williston, acting as his counsel against the city.

In traffic court on Tuesday night, Norrad grilled his former co-worker, Fudge, about his training and experience. Fudge testified he'd been employed with the Municipal Enforcement Division since 2006, and has written more than 1,300 speeding tickets.

A fast-talking, red-faced Norrad questioned whether Fudge followed proper procedures in issuing speeding tickets, particularly with how he tested the operation of his radar detector.

"If it wasn't working fine, I wouldn't use it," replied Fudge.

During cross-examination, Norrad pulled out a police radar manual, asking Fudge how to perform certain tasks.

"Are we doing a test now?" Fudge asked sarcastically.

Justice of the Peace Kevin Dennis, tired of Norrad's line of questioning, insisted he focus on whether or not Williston actually sped.

"I think you should move on," Dennis said.

Despite Norrad's bylaw background, he admitted he was out-duelled by city lawyer Kerry Penney. Dennis Marchiori, director of public safety, said the city usually has three or four bylaw officers in traffic court to prosecute tickets. This time, however, it decided to use their lawyer.

Penney's consistent objections to Norrad's cross-examination of Fudge were sustained by Dennis. During her final submissions, she mentioned about a dozen similar cases where tickets were handed out.

"I'm up against a very experienced legal counsel," Norrad admitted. "I'm going to leave it to the court's discretion whether or not (Williston)

has had a fair trial."

After two hours of submissions, a tired Dennis tried to wrap things up.

"Obviously there seems to be some antagonism as to how Mr. Williston feels about the city. But we're not here to adjudicate Mr. Williston's antagonism," he said.

Dennis plans to make his decision on whether or not Williston should pay his $75 ticket on Oct. 22.