Showing posts with label criminal law... Show all posts
Showing posts with label criminal law... Show all posts

Sunday, July 15, 2007

Lord Conrad Black of Crossharbour, Guilty on Four Counts...

Monica Prince, a juror in the Conrad Black Trial with daughter Denean and granddaughter Nicole.


The Fall of Conrad Moffat Black, Baron Black of Crossharhour...
http://en.wikipedia.org/wiki/Conrad_Black

After Twelve Days of Deliberation, the jury of Twelve, told Judge Amy Ste. Eve, that they had a Unanimous Verdict.

Conrad Black is Guilty on Four Counts, Not Guilty on Nine Others.
*one count of Obstruction
* three counts of Mail Fraud
His former business associates Jack Boultbee, Peter Atkinson and Mark Kipnis were also convicted on three fraud charges each.

The Jury Job is Done...

And now we’ll listen to what one of the Jurors has to say about the Trial:
(Pls. note that Jurors in the U.S. may talk to the Media after the verdict had been handed down, while in Canada it is Illegal to do so.)

Labeled by some Canadian Media as "blue collar jury" for having members drawn from blue collar workers of Chicago, and despite avoiding the Media during the trial, the label did not escape the Members of the Jury. And they are out to show that they will be able to hand down a verdict Fair and Square as one of the Jurors said during the pep talk among themselves:

"They're calling us country bumpkins. They think we're too stupid to figure out this case."
And the Jury the Media called "country bumpkins" and "blue collar jury" came back with a Unanimous Decision...How fair could you Get?

For more of what Juror pictured in this entry, has to say about the case clik the links:
http://www.thestar.com/News/article/236080


-Frauds... Scams... Mail Frauds will somehow catch up on you, Mr. Black should have known. Investigated for the same wrongdoings by the RCMP in the past, but was never charged for lack of evidence, he had a choice, and His had caught up on Him...and the stain will mark the Legacy of a very intelligent man, although somehow vain, an accomplished Biographer, and a business Magnate.
Now, he wanted his Canadian Citizenship Back, after renouncing it, in order to Become a Life Peer in the British House of Lord. (house resolution of l919, would not allow a Canadian of British subject, now Canadian Citizen to become a member of any British Royalty or granted a peerage, whatever that means). And the reason why, because of the agreement between the two countries for its citizen to serve her or his sentences in each home country for the conviction in the other, and Lord Black figured out that Canadian Jails, if it comes to that, is still Home....
*********************************

Pot laws thrown out, CBC reports



Jul 14, 2007 04:30 AM Canadian Press
Prosecutors say they plan to launch a speedy appeal of a Toronto judge's ruling that Canada's marijuana possession laws are unconstitutional.


CBC News reports the judge made the ruling in dismissing charges against a 29-year-old Toronto man charged with possession of 3.5 grams of pot.


The man's lawyer argued that the federal government made it policy, under Health Canada's Marijuana Medical Access Regulations, to provide marijuana for medicinal purposes, but never made it a law.


CBC News reports that Judge Howard Borenstein agreed that this brought all possession laws into question and dismissed the charges.


Borenstein says he'll wait two weeks before making his ruling official.
Defence lawyer Brian McAllister told the CBC that the ramifications of the ruling, if it stands, could be "pretty big."


Warning: Don’t go out as yet popping those weeds in Front of the Cops, be a little discreet, not good for the Kids...

Saturday, June 09, 2007

Ombudsman to investigate the SIU..

SIU investigator on the scene of the crime...


The Ontario’s Ombudsman is taking on the Special Investigation Unit (SIU), the Civilian Agency that Probes serious injuries and deaths involving Police, over concern that it maybe biased towards the Police.

Ombudsman Andre Marin, himself, SIU director in the l990 said that there has been a troubling increase of complaints from the Public that the SIU is alleged to not doing its job properly.

The Ombudsman told a news conference that his investigation is based on complaints from 8 families who have suggested that the SIU probes of Police Conducts lack objectivity and were less thorough.

Twenty complaints were given preliminary investigation and 8 of them will be put under the "microscope".

A few among them was the case of Jeffrey Reodica, a Pilipino Youth shot and killed by a Metro Officer in which the SIU investigations declared that the Officer was justified in his Actions.

But the Coroner’s Inquest that followed, found so many defects and inconsistencies to the investigations and processes.

Note: The Reodica Family had filed a $5.4 millions civil lawsuits against the police services, the officer and the chief.

And here’s another case: Toronto Lawyer Julian Falconer who said he represented two of the cases cite one of his cases.

Hafeez Mohamed had been stopped in Pickering for drunk driving by Durham Regional Police, with four times the legal limit of alcohol in his blood last May and spent over a month in intensive care, yet the SIU found the use of force was "appropriate and reasonable," Falconer told a news conference.

"There’s a potential reality that a pro-police culture has taken over the SIU."

Mohamed said he was too drunk to remember if he resisted the police or not.

The Ombudsman said his reports will be ready by the end of October.

If the Politicians, the Liberal Government of Premier McGuinty, in particular Attorney General Michael Bryant, had followed up on the many complaints voiced against the SIU, there would be no Ombudsman's probe necessary.

Obviously the Government has been sitting on the complaints, so Ombudsman Marin has to step in.
http://www.thestar.com/article/222795


Worth Repeating:


Editorial... Toronto Star
Jun 08, 2007 04:30 AM

Organizers of a Toronto gala and opera celebrating the accomplishments of Winnie Madikizela-Mandela say they are "devastated" by Canada's refusal to allow their political hero into the country. And Madikizela-Mandela, the 70-year-old ex-wife of former South African president Nelson Mandela, is understandably upset too.

Their distress, though, should be tempered by the fact that Canadian officials are right to refuse to allow a visit by this controversial figure.

Madikizela-Mandela's many admirers celebrate her work as an anti-apartheid activist and a bold campaigner in the fight against AIDS in South Africa. Indeed, she has been effective on both those fronts.

But there is another side to Madikizela-Mandela that must not be ignored, or indirectly condoned, by letting her into Canada to be celebrated. In 1991, she was convicted of having a role in the kidnapping and subsequent murder of Stompie Moeketsi, a 14-year-old boy accused of being a police informer. Her six-year jail sentence was reduced to a fine on appeal. Then in 2003 she was convicted of 68 counts of theft and fraud, for which she received a suspended sentence.

These were not trumped-up charges, or accusations that had no legal merit. And the resulting convictions surely justify barring Madikizela-Mandela from the country under a Canadian rule refusing admission to anyone convicted of serious crimes.

Madikizela-Mandela's supporters have a right to focus only on the bright side and mark her achievements with glowing speeches and a new play, titled The Passion of Winnie, which opens tonight. But Canada's government is obliged to look at the entire record. And that record is troubling to such a degree that it justifies keeping her out.
In a speak out section of Toronto Star, I have this to say:
"We have a process to be followed in admitting visitors and immigrants to our country, irregardless of whom they maybe and that is including Ms Mandela, that we under our policy to apply equality to all and I applaud our immigration officers for adhering to such". ---vic

Friday, May 11, 2007

Accident or Deadly Assault?

Manny Castillo, 15 years old, on life support and not expected to live from injuries suffered in a School Rugby match. A 16 year- old- boy (can not be identified under the Juvenile Justice Act) is charged of assault and maybe upgraded in the event of Manny's death.


The family of 15 year- old- boy , lying brain dead at the Sick Kids and is not expected to live from injuries suffered in a Rugby Match, is urging the Peel Police not to charge the opponent for assault causing injury and may be upgraded if and when the boy is taken off the life support.

The family already announced that they are donating the boy’s organs.

Manny Castillo, immigrated from Mexico with his family as 12 year- old- boy.
Manny is a star athlete at Lorne Park Secondary School in Mississauga, a forward for the school's Spartans rugby team and captain of the defense line for the football team, on which he plays linebacker.

In the last few seconds of a rugby game Wednesday against the Erindale Raiders, he and an opposing 16-year-old were seen grappling together.

Manny was left on the ground with critical head injuries. Last night he remained on life support at the Hospital for Sick Children with his chances of survival rated zero.

Peel Regional police have charged the opposition player with aggravated assault, charges that could be upgraded in the event of Manny's death.

The player cannot be named under the Youth Criminal Justice ACT.

The family is unanimous of not pressing charges.

But Peel Police said that their investigation led them to believe the altercation that resulted in injury was not part of the Game and they still are investigating for the motives.

Please note, that in Criminal cases the victims or families of the victims are not the parties to decide if criminal charges are to be laid, but the Police authorities based on evidence as a result of their investigations.

A coroner's report in the event of Manny's death may well decide the final decision of the of the police authorities.

Even in Professional sports, where violence is a part of the game, like the game of hockey, unprovoked and malicious intent to injure could also result in police laying charges.


Update: Manny Castillo has died of his injuries. Taken off life support this morning (12:00PM. May 11, 2007, Live T.V. broadcast). No news from Peel Police if they are upgrading the charges yet. The family is still firm on its decision urging the authorities not to press charges.

More of the stories go the Toronto Star:
http://www.thestar.com/News/article/212869


A rare tragedy


Teenage sporting deaths remain extremely rare. Manny Castillo's life-threatening injuries at Lorne Park Secondary School recall earlier tragedies.

Feb. 23, 2007: Kyle Lamb, 13, dies while attempting a back flip off a snowboard jump in Caesarea, on Lake Scugog Feb. 12, 2007: Nicolas Lambden, 10, of Guelph, dies after being hit in the head with a puck during an outdoor shinny game.

Dec. 26, 2006: Alex Corrance, 17, a defenceman for the Mississauga Rebels, dies during the opening period of an east Toronto tournament. The coroner rules an underlying, undetected cardiac problem to be the cause of death.

May 2006: Harbord Collegiate student Frankie Chu, 18, collapses on the field during the league rugby opener. He dies a short time later.

Feb. 17, 1992: Skier Wendy Buda, 13, dies after what her family calls a "fluke" accident at Blue Mountain Ski Resort. She sustains serious head injuries while hitting a stand of trees during a Southern Ontario Juvenile Championship race.

Aug. 12, 1987: A 12-year-old Scarborough boy collapses and dies playing soccer on Midland Avenue Collegiate Institute grounds. Police say Kenneth Georgiopoulos may have died of a congenital heart defect that had gone undetected.

Compiled by Kathleen Power, Star Library:

Update: May 13: Peel Police Charged the 16-year-old from the opposing team for aggravated assault and was released to the custody of his Parents. The charge may be Up to manslaughter, but not until the investigation is completed.

Update: May 14: Toronto Star http://www.thestar.com/News/article/213531

Bereaved parents tell the Star that police should drop charges against other teen: `This is about what we really feel inside'


This is not about religion, this is about what we really feel inside," Manuel Castillo of Mississauga said quietly yesterday when asked why he might feel so forgiving toward a player making fatal contact with his 15-year-old, also named Manuel and called "Manny" by his friends.

"(The opposing player) didn't take a weapon and try to fire at my son," the father said.
"He didn't take a gun or a knife and try to kill him, absolutely not. To me, it is a terrible accident. In sports, accidents happen."

Asked if his son had any known medical condition that could have been a factor in the death, Castillo said he preferred to say nothing more abut the injury

He praised Peel regional police for their professionalism and support, and said police are prepared to interview him formally when he feels ready.

Investigation is still ongoing...

Friday, April 20, 2007

Something Terrible Happened Here:


Mullins-Johnsons - stayed 12 years behind bars for wrongful conviction of the strangulation of her 4 year old niece Valin Johnsons.
Something Terrible Happened Here:

William Mullins-Johnson spent 12 years behind bars after he was wrongly convicted of first degree murder of her 4 year-old niece Valin Johnson, by strangling after sexually assaulting her.

Marco Trota remains in custody convicted of second degree murder of 8 month-old son Paolo, while his case is under review by the Supreme court.

Brenda Waudby was charged with the 1997 beating death of her 21-month-old daughter, Jenna Mellor.
Those charges were eventually dropped and Jenna's babysitter was convicted this year of beating her to death.

Altogether there were l3 convictions all involving the killings of Children as the results of Expert Testimonies of Dr. Charles Smith, Pathologist for Hospital for Sick Children from l991 to 2002.

Yesterday, Ontario’s Chief Coroner released a damning report prepared by five international experts on Dr. Charles Smith's work that found that he likely made errors in 20 cases in which people were charged with killing children.

In 13 of those cases, people were convicted of criminal offences. One of those individuals was Mullins-Johnsons.

Mullins-Johnsons 36, was released from prison just over a year ago after independent experts concluded that her niece Valin had died of Natural Causes.

Now here is what all the parties have to say except Dr. Smith or his Lawyers:

Victims:
Mullins-Johnsons: ( wrongfully convicted of sexually assaulting and strangling his niece): "I was put into an environment where I had to hide a lot," Mullins-Johnson said softly, as he faced the cameras.
"I was in an environment where potentially my life was at risk every day."
Mullins-Johnsons also said that he felt the sense of relief that finally people believe him.

Dr. Barry McLellan, chief coroner for Ontario:
"I am very surprised with the overall results of the review and concerned about the results," said Dr. Barry McLellan, chief coroner for Ontario, whose office prepared the report.
McLellan said his office is now studying cases handled by Smith from the time he was hired in l981 to l991.

Lawyers for the Association in Defense of the Wrongly Convicted, who fought for Mullins-Johnson's release, sharply criticized Bryant (Provincial Attorney General) for not immediately calling a public inquiry:

"Of course, confidence in the administration of justice has been severely affected by today's announcement and rightly so," lawyer James Lockyer said. "And it takes a public inquiry then to restore that public confidence in the administration of justice."

And from the Politicians:

Attorney General Michael Bryant said he found the report profoundly disturbing, and didn't rule out the possibility of a full public inquiry into cases in which Smith either performed autopsies or provided professional opinions into baby deaths in Ontario.

"It's unacceptable that it happened," Bryant said. "It's wrong. Now we need to not only get to the bottom of it but prevent it from ever happening again."

Bryant said former chief justice Patrick LeSage and a medical expert will conduct a review of Smith's work to determine how things went so wrong, and how similar miscarriages of justice can be prevented in the future.

Me and my big mouth Address to the Attorney General: "Call a Full Public Inquiry Now, which you should be had called long time ago. Remember in 2002 that Dr. Smith was Reprimanded with Caution by the College of Physicians and Surgeons for his works on Three suspicious deaths?"

The 18-month review on Dr. Charles Smith’s work was done by 5 internationally respected Medical Experts from Canada, Finland, Northern Ireland and England.

Wednesday, April 11, 2007

Justice - Philippines Style...The Lady is Blindfolded but Still Can See


JuStice Philippine Style...

Read in Philippines Daily Today about the Incident where the Grandson of late President Marcos, the country leading Commercial Model Borgy Manotoc was involved in a violent incident where another member of the country elites was the alleged victim.

Instead of the Police Authorities investigating the Case to find out who started the incident, who assaulted who and file proper misdemeanor or felony charges in Proper Court, the case now involves the battle between the alleged victim's lawyer and the alleged assailants' lawyers.

Before any investigation has even started, Manotoc already offered an apology and the mother, House Representative Imee Marcos was alleged to have already talked to the victim’s mother Mara Pardo de Tavera (Spanish sounding name) and she said Ms Marcos sounded apologetic.

To my understanding the way the press summarized the incident this was what happened:

Carlo the alleged victim was attempting to talk to Borgy’s Girlfriend (this is somewhere in some kind of high end Bar) and He was Ganged Up by Borgy and His Group.

But hold on. There will be about a dozen versions of this incident and even the Superintendent of the Police has his own version and so are the lawyers of the victim (why would the victim needs a lawyer, isn’t this the duties of the Public Prosecutors? Or the victim already filing a civil case?) and the alleged assailants and even the "girlfriend".

Here are some statements (or quotes) from the Philippines Justice Officials and all its related relatives:

Chief Superintendent Corpus referring to the Victim’s:
They did not bring any documents with them yet, such as the medical certificate. But we are ready to accommodate any case they intend to file. We will assist them."

My say:
No Chief, It is your official duty to determine if a case needed to be filed, and have all the evidence prepared including the medical reports and all the victims responsibilities are to be the witnesses to your prosecutors’ case.

Herminio Barrico Jr (alleged victim’s mother lawyer):

We are still going through the (formalities) of preparing the case. There is nothing definite yet," Barrico said, adding that they might file the case by the end of the week.

My two cents=90 centavos:
Again, all the while filing of Criminal Charges are the lone responsibilities of the Prosecutors, we call them in ours, Crown Prosecutors and in the States for States Cases, States Attorneys, or Asst. U.S. Attorneys for Federal Cases. I maybe wrong, but never heard of private lawyers filing criminal case.

And here’s an Interesting one from Police Officer Garcia when Borgy presented himself for investigation but was advised to seek counsel of a lawyer but said he was told by a Lawyer to Just wait for the Case and He will Just File Counter Charges.

I am confused:
What is this? A threat? Here's a victim ended up being charge by another private lawyer? I will put it this way. Somebody punched my nose, the cops charged the bugger; let's say the judge or jury decided not guilty for lack of evidence; now his lawyer file a counter charge against me - might as well punch the lawyers nose and file counter charges against him later. Guilty or not guilty.
Note: An alleged victim could be charged by the Cops in return for michiefs or even serious crimes if testimmonies leading to the charges were false. But not by the Accused Lawyers.

My Final Comment:

And we are wondering why Philippine Justice seems to be working Just Fine? Something for the Rich and the Famous and the Wealthy. And if you happen to be poor like me, well at least I’m out of reach of the "blindfolded" lady, the symbol of Philippine Justice, Just-Tiis na lang (Just Suffer, whatever the consequence), or if you believe in Prayers and Miracles, that's one of the options, the other, the lest desirable, unto thy own hands, Justice is Served...

Monday, March 26, 2007

Charter Challenge on Prostitution Filed..

Constitutional Challenge Against Prostitution Filed in Superior Court of Ontario...
A charter challenge against a three specific sections of the Criminal Code relating to Prostitution has been filed by the Three Sex Trade Workers on behalf of all sex trade workers in Ontario and Canada.

The Act of Prostitution in Canada is Legal in Fact, but the three Provisions in Criminal Code deny the Worker the safe Legal Option which to safely conduct the business of Prostitution which is Legal in the first Place.

The Criminal Code Sections - Keeping a Common Bawdy House, Living on the Avail and Communication for the Purpose of Prostitution Violates the Rights and Freedoms of the sex workers by depriving them their right to liberty and security in a manner that is not in Accordance with the Principles of Fundamental Justice.

One-time dominatrix Terri Jean Bedford, along with Valerie Scott, a former sex worker and executive director of Sex Professionals of Canada, and Amy Lebovitch, a current sex worker, launched the challenge on behalf of all Canadian sex workers.

The case is being handled by an Osgoode Law Professor Alan Young and a Team of law professors and students who all believe that the law violates the women’s rights by the ever-present danger they face in the streets.

Alan young pointed to the on-going trial of Robert Pickton, a pig farmer from British Columbia who was charged of the Murder of dozens of Street workers in his Farm. And Young noted that this horrific story is just the tip of the Iceberg, there are thousands of women who face the danger of assault and murder as the work the streets every night and day.

If the challenge is successful and the three sections of the criminal code are struck down, it will open the way to have the prostitution to become organized, regulated industry, even unionized and can even go on strike and maybe we can get rid of the Pimps as well...


But before I go, Section one of the same Charter has this to say:

Guarantee of Rights and Freedoms
Rights and freedoms in Canada

1 - The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Now it's up for the good professor and his team to argue that those limitations on the rights of our sex trade workers are indeed not justified. My take, they are not justified and they law should be struck down, they are archaic laws and make no sense, because prostitutions in fact is Legal, these limitations only hinder the conduct of business that is legal, and make people criminals doing things that are non-criminal in the first place. This country has matured and evolved to the point that we can handle another progressive move forward...