Prince George, B.C. - A motion to have the charges against Councillor Brian Skakun tossed has been dismissed.

Defence presented a motion of “no evidence” arguing that under the Freedom of Information and Protection of Privacy Act, section 30.4, which prevents the release of private information, applies only to employees, directors or officers. Defence said the Crown had failed to provide any evidence that a Councillor is an “officer” of the City  and therefore, Councillor Skakun  should not have been charged in the first place.

Crown argued that since Councillor Skakun had sworn an Oath of Office, he was to be considered an “officer” of the City.

Judge Kenneth Ball dismissed the motion saying there was a “scintilla” of evidence,  that being the Oath of Office which  requires the elected official to swear an oath that they are “qualified to hold the office.”

The Defence is now preparing to call its four witnesses, being Ken Corrigan, Linda Thompson and Sheri MacLean Smith, the three who had complaints about harassment at the RCMP detachment. The fourth witness will be Councillor Brian Skakun.

Skakun is accused of breaching the Freedom of Information and Protection of Privacy  after a copy of a confidential report found it’s way onto the CBC website in August of 2008.