The Elizabeth Bain Case..

Elizabeth Bain - undated photo


Breaking News...Robert Baltovich acquitted of murder of Elizabeth Bain..

April 22, 11:00 AM EDT

A Jury acquitted Robert Baltovich of murdering his college sweetheart Elizabeth Bain, 18 years ago after she disappeared.

The Crown prosecutors told the courtroom Tuesday morning, April 22, they would not proceed with their case against the 42 years old Baltovich. They would not be calling witnesses or bring evidence forward, the Crown said..

It was the Second Time Baltovich was to stand trial in Bain’s murder. He was convicted the first time and served 8 years before the Judge squashed the conviction and ordered a New Trial..

Elizabeth Bain disappeared in June 19, l990 after telling her Mother she was heading to University of Toronto, Scarborough Campus. Her car was found few kilometers from her home and the blood test confirmed blood found in the back seat of the car was hers...

Baltovich was charged in November l990.

During the appeal that overturned his Conviction, the Defense Legal’s Team collected a Reasonable Evidence that Bain may had been murdered by Serial Killer Paul Bernardo, said the lead defense lawyer...

Paul Bernardo was the Notorious School Girls Rapist and serial killer, who together with his wife Karla Homolka were convicted of two school girls and suspected of also killing Homolka's sister and few others disappearance, after raping and mutilating them and disposing their bodies..Bernardo is serving Life Sentence while his wife got a lighter sentence after a Plea Bargain with the Crown to testify against her Husband and now is out of Jail..

Did Paul Bernardo do it? The Notorious sex killer denied murdering Bain, but witnesses saw man fitting his discription and now if it wasn't Baltovich, then who else could it have been?

Baltovich defence team says that legitimate question was never properly addressed because the Police focus back in l990 was on Baltovich "to the exclusion of all other potential perpetrators."

For police interview with Paul Bernardo in 2007 it is here and the rest of the story..

details here

As for Elizabeth Bain’s mother doubt that Paul Bernardo involved in her daughter’s death..
Elizabeth mother is a Pilipina and her father is a Caucasian..

UPDATE: Columnist Rossi Dimanno Articles and Interview with Julita Bain, Elizabeth Bain's Mother Prayer and Anger don't ease the torment of Julita Bain

__________________________*************************************

No longer any reasonable prospect of conviction’


Text of Crown attorney Philip Kotanen's statement to the court this morning:

"Recent developments, including the cumulative effect of the pre-trial evidentiary rulings rendered to date in this case, other evidentiary issues, and changes to case law, have obliged the Crown to seriously reconsider whether there remains a reasonable prospect of conviction. We carefully weighed the evidence that was once available to the prosecution, and what now remains as a result of the evidence that was excluded in the pre-trial evidentiary rulings, and the other factors listed above.

"I wish to advise you that, now having completed that careful and detailed reassessment of the case, and having sought the advice of senior colleagues in the ministry, it has become apparent that there is no longer any reasonable prospect of conviction at this point. As such, I am duty bound to discontinue this prosecution.

"Accordingly, the Crown will not call any evidence in this matter. The murder of Elizabeth Bain was a horrendous and tragic event that has had a devastating impact on the lives of her family and friends. I can assure the family and the public that this decision has only been taken following a careful and exhaustive review of the evidence as it currently exists. However, as I have stated, the Crown cannot proceed where there is no reasonable prospect of conviction. Thank you for the opportunity to place these comments on the record."

Access to Justice a Basic Right...Chief Justice Beverly McLachlin

The justice system risks losing the confidence of the public when "wealthy corporations," or the poor, who qualify for legal aid, have the means to use the court system, she said, noting that for "middle-class" Canadians, resolving a legal problem of any significance often requires taking out a second mortgage or draining their life savings.

With this message in her speech before the Canadian Bar Association in Calgary Alberta, Chief Justice Beverly McLachlin has issued a call to governments, lawyers and judges to find solutions to the "crisis" to the access to justice that is imperiling the country’s legal system that is becoming expensive and complicated.

In her speech, she declared the access to Justice a "Basic Right" for Canadians, like Education and Health Care.

The Chief Justice Added:

"The price of justice should not be so dear". McLachlin said in a speech to the bar association's governing council at the opening of a four-day legal conference here.
"Something must be done," she urged. "We must all get on the same track and move down it together."

There's "no point" in having a justice system that nobody can afford to use, McLachlin said. "We need to keep the justice system relevant and available to Canadian men, women and children.

Echo of Tommy Douglas call to keep the Health Care available to all Canadian men, women, girls and boys. And the call was heeded.

Commenting on recent cover story of a weekly magazine portraying lawyers as money-grubbing and unprincipled by one of the members in his recently published book, Lawyers Gone Bad the Chief Justice said name-calling and exaggeration would not help.

The process to Criminal Justice has become complicated of late after the passing of the Charter of Rights and Freedoms, where an accused can tie up too much of a court time challenging the constitutionality of the law and the admissibility of evidence.

On the civil side, the use of pre-trial hearings known as "examinations for discovery," which can drag on for months and even years, as well as an increased tendency to rely on expert witnesses, is contributing to longer trials ,chief justice McLachlin said, with often devastating consequences for litigants.

"People need prompt resolution of issues so they can move on with their lives or businesses."


toronto star..Justice for All

The Tragic Saga of Dudley George...

Dudley George, was killed in September 6, l995 by Ontario Provincial Police Officer Ken Deanne during a protest at Ipperwash Provincial Park, claimed by the First Nations People to Contain the Sacred Burial Ground.

Overview:
Ipperwash Provincial Park is a 56 hectare with long sandy beach on the shores of Lake Huron in Hampton County, Ontario. It was established in l936 alongside a military base.

The Stoney Point First Nation Claimed it contains a Sacred Burial Ground and lay Claim on it. During an Occupation by a group of First Nations People in September l995 a violent incident erupted, and Dudley George, one of the Protesters was shot dead by Ontario Provincial Police Officer Ken Dean. Officer Dean, who was acting Sgt. that night was found guilty of Criminal Negligence causing death in l997. Dean died in a Car Accident in 2006 on the way to testify in the Inquiry...

An Inquiry into the Crisis, better known as The Ipperwash Crisis was called in 2003 to examine the events leading to the incident. And twelve years after the death of Dudley George, Justice Sidney Linden, Head of the Ipperwash Inquiry has prepared a voluminous 1500 pages report of his findings and suggestions as to the Measures to be taken by both the Federal Government and its Provincial Counterpart to avoid the same from happening and to improve the overall relationships with our First Nations People.

The Saga of Dudley George:

It was September 6, l995 when Dudley George, a member of the First Nation People, occupying the Ipperwash Provincial Park was shot dead by Ontario Provincial Police Officer Ken Dean and started the event which led to the establishment of the Ipperwash Inquiry in 2003 to examine the events surrounding the Political Interventions and the Police Action that could have caused a great deal of "DEEP SCHISM" in relationship between the Governments and the Native People.

In a voluminous 1500 pages report by Justice Sidney Linden who headed the long and arduous Inquiry, where Politicians from former Premier Mike Harris of Ontario, Cabinet Ministers and Police Officers testified, and the Native people and all relevant parties, the Honourable Justice has these to say:

"Ipperwash revealed a deep schism in Canada's relationship with aboriginal people and was symbolic of a sad history of government policies that harmed their long-term interests"

Linden pointed to the ongoing occupation of a housing development at Caledonia as an example of tensions involving native land claims.
"The aboriginal occupation at Caledonia proves that Ipperwash was not an isolated event," Linden said. Six Nations people began protests in Caledonia over land claims in February 2006, and the issue remains unresolved.
"Ipperwash is important because public officials and institutions need to be held accountable for their actions."

Premier Dalton McGuinty quickly apologized on behalf of the provincial government. But he said he will take some time to assess Linden's recommendations, which include an independent agency to deal with land claims and a new ministry for aboriginal people

"In my view, the most urgent priority is for the federal government to return the former army camp to the Kettle and Stony Point First Nation immediately with an apology and appropriate compensation," Justice Linden Suggested.

QUESTION: It was alleged that before the Provincial Police Force were sent to the park to disperse the Protesters, there was a Meeting where the Provincial Premier at that time Mike Harris made a Racist comment which was quoted in the Inquiry and in the Criminal Trial. From the Premier "I want the f---ing Indians out of the park."

Also from the Minister of Natural Resources ," GET the f---ing Indians out of my park."
Justice Linden said that after assessing all the evidence he believes that both the Premier and the Minister made those RACIST REMARKS, and he also accused the Premier for misleading the Legislature for consistently denying that he told the high level meeting with the government officials and the police those orders.

Note: Mike Harris had stepped down as leader of the Provincial Conservative Party and was replaced by Ernie Eves, who was subsequently defeated by the Liberal Party of the Now Current Premier Dalton McGuinty.

To know more about the Ipperwash Crisis and the Inquiry Reports and Recommendations check this links, and click to related stories on the sidebars:
http://www.thestar.com/News/article/220313

to know more about the only Native killed in Aboriginal Protest in the 20 th century, Dudley George:
http://en.wikipedia.org/wiki/Dudley_George

Appreciation: Justice Sidney Linden and the First Nations People.

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...

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.

Check this link for more: http://www.thestar.com/News/article/205390

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...