Kevin Brown, posted the following response to my previous blog, Hactivist Byron Sonne: Justice Delayed, on the Facebook page set up by friends of Byron Sonne: Free Byron Sonne.
It was so good that I asked and received permission to copy and publish it to my blog.
Thanks Kevin for your very insightful comments.
Kevin Brown:
"Regarding the incredible
issue of bail being denied for 330 days, I would add, as an example of
just how unprecedented this is, the case of Vakhtang Makhniashvili
(Mariam's father).
Vakhtang stabbed his neighbor with a kitchen knife (came very close to killing him) on a Friday and was released on bail the following Monday! Bail amount for the attempted murderer was $50,000 (compare that to the $250,000 Bail Byron had to post ! for his crime of uploading video's of the convention centre to YouTube!)
There can be absolutely no justification or basis in law for a judge to deny Byron bail within day's of his arrest. The judge who denied bail request was corrupt - plain and simple! She was just doing favors for the police and crown without any regard for the rule of law. The judge has no integrity and she should not be sitting on the bench but she doesn't have to worry, judges are never held to account in Canada. Unlike the U.S. where the media are not afraid to criticize judges, in Canada the media consider judges to be above reproach.
In the attempted murder case above where the suspect received bail within days - his Lawyer was the former top crown prosecutor - Calvin Berry. Berry has many friends on the police force, the crown and the bench and you can see how his cozy connections ensured that his client was given as smooth a ride as possible! (he would go on to stab two more people while out on bail awaiting trial!).
If the judges involved were doing their jobs why wasn't the entire case thrown out after the preliminary hearing? Most of the charges were thrown out but the judge left in a few bogus charges , again doing a favor to the police and prosecutors, a face-saving measure so that they are not left with egg in on their face.
As for the latest charade, where the police made a huge spectacle out of recovering a harmless chemical buried in a back yard - if the judge was doing her job she would have cited the participants for contempt of court. This was not only a harmless chemical (used in high school chemistry labs) we have PROOF that the Police KNEW it was harmless because we can see (in videos) that the officers that lowered the canister into their special "hopper" wore NO protective equipment whatsoever (save for Oakley sunglasses).
Despite the FACT that police KNEW this material was completely harmless they went to great lengths to stage this elaborate theater in an effort to influence the decision of a judge.
If this happened in the U.S. , where they take the law more seriously, I have no doubt that senior police officials (Tam Bui?) would be facing contempt of court charges!
Cases like this remind me why we need to get camera's in our courtrooms. Somehow I think that if the actions of the players inside our courtrooms were to be held up to scrutiny we would see far less corrupt conduct.
Hopefully in making her decision this judge will follow the rule of the law and will not be swayed to find some wrongdoing (however minor) just so the police and crown are not left with egg on their face."
Vakhtang stabbed his neighbor with a kitchen knife (came very close to killing him) on a Friday and was released on bail the following Monday! Bail amount for the attempted murderer was $50,000 (compare that to the $250,000 Bail Byron had to post ! for his crime of uploading video's of the convention centre to YouTube!)
There can be absolutely no justification or basis in law for a judge to deny Byron bail within day's of his arrest. The judge who denied bail request was corrupt - plain and simple! She was just doing favors for the police and crown without any regard for the rule of law. The judge has no integrity and she should not be sitting on the bench but she doesn't have to worry, judges are never held to account in Canada. Unlike the U.S. where the media are not afraid to criticize judges, in Canada the media consider judges to be above reproach.
In the attempted murder case above where the suspect received bail within days - his Lawyer was the former top crown prosecutor - Calvin Berry. Berry has many friends on the police force, the crown and the bench and you can see how his cozy connections ensured that his client was given as smooth a ride as possible! (he would go on to stab two more people while out on bail awaiting trial!).
If the judges involved were doing their jobs why wasn't the entire case thrown out after the preliminary hearing? Most of the charges were thrown out but the judge left in a few bogus charges , again doing a favor to the police and prosecutors, a face-saving measure so that they are not left with egg in on their face.
As for the latest charade, where the police made a huge spectacle out of recovering a harmless chemical buried in a back yard - if the judge was doing her job she would have cited the participants for contempt of court. This was not only a harmless chemical (used in high school chemistry labs) we have PROOF that the Police KNEW it was harmless because we can see (in videos) that the officers that lowered the canister into their special "hopper" wore NO protective equipment whatsoever (save for Oakley sunglasses).
Despite the FACT that police KNEW this material was completely harmless they went to great lengths to stage this elaborate theater in an effort to influence the decision of a judge.
If this happened in the U.S. , where they take the law more seriously, I have no doubt that senior police officials (Tam Bui?) would be facing contempt of court charges!
Cases like this remind me why we need to get camera's in our courtrooms. Somehow I think that if the actions of the players inside our courtrooms were to be held up to scrutiny we would see far less corrupt conduct.
Hopefully in making her decision this judge will follow the rule of the law and will not be swayed to find some wrongdoing (however minor) just so the police and crown are not left with egg on their face."
13 comments:
This is an absolute travesty and I would fire the chief crown prosecutor as well as the initial judge.
This stuff happens all the time (though not to this degree). In the middle of my divorce, my exwife accused me of domestic assault (allegedly occured 3 months prior to laying a charge). She did this to have me pulled from the family home and removed from the kids to get advantage in the family court on custody. There was absolutely no evidence. I spent thousands defending myself and it didn't resolve until a year and a half later. She got the kids, even though I was the primary caregiver. She was facilitated in laying the charge by a cop friend (who she had a prior relationship with) who set up her appointment with the station. It should come as no surprise that all allegations of domestic assault are prosecuted with or without evidence. I am a business professional with no prior criminal history who is now disgusted with the legal system as well.
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