The owner of a Grand Bend mini-golf course has finally sunk a charge of staying open amid Ontario’s now-lapsed pandemic restrictions that’s followed him for more than two years.
Greg Gallello, 37, was charged between June 13 and June 14, 2020, with failing to comply with an order under the Emergency Management and Civil Protection Act. That order was linked to the closure of non-essential businesses during the province’s first phase of its reopening plan, put in place amid the first wave of the COVID-19 pandemic.
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Most of the province had been moved to phase two as of June 13, 2020, but Lambton County, including the busy beach town on the shores of Lake Huron between Sarnia and London, was left in phase one for an extra week – a move that frustrated and confused many, including local politicians and health officials.
Gallello was quoted and photographed in The London Free Press the following week when the region finally did move to phase two, expressing his excitement over having the beach back open to the public.
But Gallello, who owns Jurassic Par in Grand Bend, was charged with allegedly opening his mini-golf course one week earlier while certain businesses such as hair salons, restaurant patios – and mini-golf courses – were still supposed to be shuttered in Lambton County.
Following multiple adjournments amid a backlogged court system, Gallello finally pleaded not guilty to the charge, teeing off a short-lived trial in a Sarnia courtroom.
It started with Kelsey O’Rourke, then an OPP constable stationed in Lambton County, testifying about her calling Gallello on June 13, 2020, and cautioning him that mini-golf courses were not permitted to be open during the first phase. The trial abruptly went off course, however, when justice of the peace Helen Gale learned two officers were involved in the investigation and the second officer wasn’t available to testify.
O’Rourke was on what police call modified duties at the time and wasn’t able to perform front-line work, so another officer physically went to Gallello’s business, one of several he co-owns in the village. That officer wasn’t available to testify during the trial. Assistant Crown attorney Josie Baier told Gale she planned on using evidence from that officer given to O’Rourke amid the investigation.
But Gallello, who represented himself in court, objected since he couldn’t cross-examine the other officer’s evidence without him being in court. “I don’t believe this case is going to go very far quite frankly, Mr. Gallello,” Gale responded.
Gale said the other officer’s evidence was critical since they were physically there when the alleged offence took place.
“I invite you though, Ms. Baier, if you want to make any submissions, but I think you might recognize when a Titanic is going down,” she said.
Baier instead asked Gale to strike the trial and adjourn it to another day when the second officer was also available, but Gale said she felt adjourning an already two-and-a-half-year-old charge would be prejudicial to Gallello.
“Motion to adjourn is denied. You are found not guilty and this charge against you is dismissed,” she said.
“Thank you, your worship,” he responded.
Gallello did not respond to an emailed request for comment after the trial.
365 Bloor Street East, Toronto, Ontario, M4W 3L4
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