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WIDOW MACCULLOCH VS. THE MAN BY I. NOBLOW IF I HADN’T WITNESSED IT WITH MY OWN EYES, I WOULDN’T BELIEVE IT. Surrounded by a small cadre of supporters on the fifth floor of the Halifax Law Courts at 9:15 on the morning of January 27 — just minutes before showtime — Patricia MacCulloch, the 74-year-old star of stage and screen, a woman who once grabbed Robert Goulet by the throat and threatened to give him a public beating with her bare hands, made an unthinkable confession: she was frightened. Soon, Patricia would be representing herself in front of Justice Art Pickup in Courtroom 503, arguing that her August 13 conviction for refusing the breathalyser during a traffic stop last spring should be thrown out. She was handed a $1,000 fine and a year’s driving ban upon conviction, although both punishments have been delayed pending the outcome of her N.S. Court of Appeal case. Patricia believes that forcing people to submit to roadside breathalyser tests violates the Charter of Rights. She wasn’t committing a crime by refusing the test, rather she was opting not to “perpetrate a defective Act.”. In addition, nobody told her that there would be consequences for her refusal. As I’ve previously reported, an RCMP constable stopped her outside the Enfield Legion at about 11:30 p.m. on May 30 and accused her of running a stop sign. She denied the accusation, and things degenerated pretty quickly from there (Frank 566, 568, 572). As she arranged herself behind the defence table — and finished greeting her “dahlings” in the gallery — Crown Attorney Bob McCarroll came over with a little pep talk. Take your time, stay calm, this won’t hurt a bit, that sorta thing. Peering wide-eyed at the massive Old Dead White Guy portraits hanging in the courtroom, Patricia looked scared to death. “Isn’t it intimidating,” she said, taking it all in. Then she added: “Not for you, I mean for we criminals.” Then, seconds before Justice Art entered the courtroom: “I feel like running away.” Considering her theatrical experience — not to mention her decades of doing battle with the administrators of her deceased husband Charlie MacCulloch’s estate — one would think that a relatively brief appearance in a Halifax courtroom would be a cakewalk. To be sure, like the pro that she is, Patricia delivered in the end. “Forgive me if I get a little emotional,” she began with a cracking voice, adding, “My cause is justice.” In a surprisingly concise 12-minute talk, she managed to make all of her points without being too repetitive. 8 ATLANTIC CANADA FRANK FEBRUARY 16, 2010 Patricia MacCulloch prepares to face justice. “This case is not about alcohol. It’s about bruised ego,” she said. Along with her Charter argument, Patricia maintained that the officer’s breathalyser demand was tantamount to punishing her for daring to disagree with him. During her trial, incidentally, the officer testified that he “believed” that she “may not have” stopped. He wasn’t even sure himself. In his response, Prosecutor Bob argued that N.S. Provincial Court Chief Judge Patrick Curran correctly found that Patricia’s belief that she was illtreated was an “unreasonable” cause to refuse the roadside breath test. While there might be reasons to refuse a breathalyser, righteous indignation wasn’t one of them. He also pointed out that the current breathalyser legislation, enacted in the early 1970s, has been found on several occasions to be sturdy enough to withstand Charter challenges. After some final arguments from Patricia — during which both prosecutor and magistrate politely urged her to stay on topic — Justice Art decreed that he would give a written decision on whether or not to allow her appeal at a later date. “I’m out of the country for February. I leave next Tuesday. It won’t be ready before then?” asked Patricia, who told me after the hearing wrapped up that she gets a free month-long vacation in the Caribbean each year through Charlie’s estate. Justice Art agreed that it would take more than six days to deliver a decision, and she just might have to read it in another time zone. “No matter what, I beg of you not to put me off the road for another year,” she exhorted just before court was adjourned for the day. As much as one might scoff at Patricia’s real or perceived hardships — the widow claimed in court that she simply didn’t have the $10,000 necessary to hire a lawyer for her appeal — there’s no question the British-born actress has suffered as a result of the incident. Having experienced a driving ban for the spring and summer leading up to her conviction, Patricia made the difficult decision to sell her Monte Vista Road, Enfield estate due to its remote location, signing the final papers in early August. Her permanent home for some three decades, she says she unloaded it for $365,000, about $40,000 shy of its 2010 assessed value. The new registered owner is a numbered company owned by Grand Lake Point dwellers Jeff and Denise McMackin. Patricia now dwells at 73 Main Ave., Halifax (assessed: $187,000), having signed the papers in November. Her North West Cove cottage ($268,400) continues to serve as her summer retreat. Does Frank Know? atlanticfrank@eastlink.ca
THE KARMA FAIRY STRIKES AGAIN BY A. FINE-DAY WHILE CAPTURING A PICTURE OF FAMOUSLY RECLUSIVE NEW GLASGOW REAL ESTATE MOGUL FRASER CHISHOLM IS REASON ENOUGH TO CELEBRATE, NABBING PHOTOGRAPHIC EVIDENCE OF THE MAN HIMSELF GETTING A PARKING TICKET LEAVES ME FEELING A LITTLE LIGHT- HEADED. What’s good for the goose is good for the gander, after all. Many in the town remember the way Fraser jealously guarded the parking spaces at the Chisholm Centre on East River Road before he sold the erection last year (Frank 555). Former Stellarton police chief Amby Heighton shurely does, as he suffered the embarrassment of having his unmarked conveyance towed on Fraser’s orders in the fall of 2008, just weeks before the poor guy was fired. So it’s quite amazing, really, that Fraser would have the gall to park his hulking Dodge Ram on the brand new sidewalk in front of Cafe Italia on Provost Street earlier this month. And when I say “on the sidewalk,” I’m not exaggerating. A couple more inches and all four tires would’ve been sitting on faux cobblestone. Granted, more than a dozen parking spots on the front street alone have been lost to the multi-million dollar Downtown Revitalization project, so maybe this minor act of civil disobedience was a protest. I dunno. Predictably, the always-eager meter maid, er commissionaire, already had a ticket on the windshield when Fraser emerged from the Royal Bank toting his leather attache case. As he approached, the meter maid, er, commissionaire, defended the ticket, telling the ginger-haired gazillionaire that he was “clearly” in the wrong. To his credit, Fraser was cordial about it, commenting aloud that the The meter man works his magic on Fraser Chisholm’s monster truck. I’m gonna buy the cafe and park in there next time. The meter man makes his escape as Fraser (right) talks things over with a pal. commissionaire was “just doing his job.” After a quick chat with an acquaintance in front of the cafe, Fraser drove away five bucks poorer, and all was once again right with the world. Does Frank Know? atlanticfrank@eastlink.ca FEBRUARY 16, 2010 ATLANTIC CANADA FRANK 9
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