TORONTO -- A frustrated man who accused a judge of corruption and obstruction of justice then refused repeated orders to behave himself in court has been jailed for three days for contempt.
In imposing the sentence, Divisional Court Justice David Corbett said Silvano Lochner deserved two or three weeks behind bars but drew leniency for personal reasons.
"Wantonly accusing a judge of impropriety because he disagrees with the judge's decision is a clear hallmark of an irrational litigant," Corbett said. "The court will not accept the defiant, rude, contemptuous conduct he has shown in this matter, and that recurrent conduct of this type could well attract a substantially lengthier sentence."
The case arose in 2006 when Toronto police used a stun gun on Lochner's mentally disabled brother at the family home. Since then, the Lochners have sought redress, without success.
Their attempts included a civil lawsuit -- settled over their objections with the agency that helps protects the interest of mentally vulnerable people -- which saw another brother charged with assaulting a lawyer in court. They sought criminal charges against the officers. They wanted the officers disciplined. None of their actions succeeded.
At a recent hearing, Lochner refused to answer Corbett's questions, court records show. He complained the judge would not let him speak. When he did speak, he complained the judge was not listening. He provided a running commentary on how Corbett was running the hearing. He tried to cross-examine the judge.
Lochner calmed down only when Corbett ordered him handcuffed under threat of a contempt citation. He promised to behave. That didn't happen. Corbett cited him for contempt and ordered him taken into custody.
Corbett said he understood the family was upset and angry over the tasering and their failure to get what they wanted by way of redress. At the same time, the judge said the various issues had been properly considered and decided.
"They have done everything that they can do (and) it is time for them to move on," Corbett said. "It is time that they understood that the court's restraint in the face of misconduct in the courtroom is at an end."
In his ruling, the judge characterized Lochner as a vexatious and abusive litigant and severely curtailed his access to the courts in respect to his brother's tasering. The only exception would be for whatever legitimate appeal rights Lochner might have.
On sentencing him to three days in jail, the judge said the "calculated and sustained contemptuous treatment of the court" deserved a stiffer penalty but said he accepted that Lochner's mother was on her death bed and that he had day-to-day responsibility for his disabled brother.
"It would be a particular hardship for him to serve additional prison time now," Corbett said, adding Lochner should not misconstrue the relative leniency as an endorsement of his behaviour.
