rumbleseat
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Winnipeg
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Message Posted: Mar 28, 2009 5:11:02 AM
There was an expensive public enquire, and civil action, which was settled, but not all questions have been answered, and the punishments were totally inadequate.
Members of the family were clients of mine. I knew her father quite well, actually. The actions of the prosecutor and the misleading information given to the family caused extra distress, and a major rift in the family relations.
'I don't recall,' Harvey-Zenk tells inquiry on fatal crash
Taman family 'seeking truth' from inquiry
Taman Family to get $300,000 for its pain
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HRTrucklet
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Alberta
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Message Posted: Mar 28, 2009 4:02:59 AM
rumbleseat, that's crazy - was there civil action afterward? or did he go totally free? BTW, I feel much better now that I know my house is safe - LOL...
Silverdog, winter is NOT over apparently - a couple days without snow & now more on the way (from BC) to make our weekend enjoyable...quit sending us snow!!
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rumbleseat
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Winnipeg
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Message Posted: Mar 28, 2009 3:52:08 AM
I liked the idea of special prosecutors, but then we had Marty Minuk brought in to handle the trial of the officer who, drunk, rammed into the car driven by Ms Taman, in the morning, as she was on her way to work, killing her. We started with Chief Harry of the East St Paul police ensuring the Winnipeg officer never got breathalyzed, to the Winnipeg officers who had partied with the death driver for hours, but "didn't know" he was drunk, to witnesses not called by the special prosecutor, ending up with justice totally derailed.
I wish I knew the fix. It just seems there are so many good ideas, and idiots that subvert every single one of them some days. A special prosecutor, somebody who wasn't part of the system should have been the proper way to remove all hint of bias, and he turned out to be one of the most biased of them all.
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HRTrucklet
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Alberta
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Message Posted: Mar 28, 2009 2:38:59 AM
Can't believe they released him yet again! 5 yrs they've been trying to deport him, free again...
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Happyherman
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Calgary
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Message Posted: Mar 27, 2009 11:03:40 PM
Here is the article I was talking about in the previous posting. Even worse, the bad guy represented himself, questioned the police and made closing statements. This against a lawyer we as tax payers are probably giving a great salary. Makes me sick!!Reputed gang member Jackie Tran - who represented himself - has won his release from custody.
An Immigration and Refugee Board member ordered Tran's release this afternoon, with conditions, saying federal officials didn't prove he posed a flight risk or a danger to the public.
The hearing is continuing and the IRB member will disclose his reason for releasing Tran later this afternoon.
Police and the Canada Border Services Agency arrested Tran on Wednesday for allegedly breaching a condition requiring him to live with his mother.
Tran, 26, represented himself because his application for legal aid had not been processed in time for him to hire a lawyer for the hearing.
Tran questioned a Calgary police detective involved in investigating the alleged breach, and made a closing argument on his own behalf.
Tran had been free on conditions while awaiting decisions from the Immigration and Refugee Board of Canada on two separate bids to have him deported to his native Vietnam.
Tran is appealing a previous ruling that ordered his deportation in 2004, based on his convictions for drug trafficking and assault with a weapon.
A ruling on this appeal is expected sometime in April or May.
Earlier this year, authorites launched a second bid to deport Tran, this time on the basis of his involvement in gang activity.
A decision in that case won’t be made until after May 1, the deadline for written arguments from both sides.
Tran has repeatedly denied being a gang member, but police officers have previously testified he is a member of the FOB Killers.
An ongoing war between FOB and the FOB Killers has been responsible for at least 25 homicides since 2002.
The conflict started among a group of friends who began dealing drugs in high school that split into two factions.
FOB was originally known as “Fresh Off the Boat,” but its members now favour other names, particularly “Forever Our Brother.”
The breakaway faction became known as the FOB Killers, or FK.
Tran’s mother, Laura, and girlfriend, Dawn Ngo, have pleaded with authorities to allow him to remain in Canada, saying he is responsible for providing for his family. More to comejvanrassel@theherald.canwest.com
© Copyright (c) The Calgary Herald
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Happyherman
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Calgary
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Message Posted: Mar 27, 2009 10:52:45 PM
I hear you rumble seat, however we have to do something to keep the bad guys in jail. Maybe some private prosecutors would be better at checking the evidence from the cops before going to trial. In Calgary today, a known bad guy was released from jail on a hearing to deport this know drug dealer and gang member because the judge said the crown had not presented compelling evidence that he was a threat to society. Duh!! Didn't the prosecutor know he was going to appear in front of a judge and would need compelling evidence. I had just watched Judge Judy and some of the folks in front of her had no compelling evidence while others came loaded for bear and won their cases. Now these are ameteurs, and these crown prosecutors are so called professionals. What am I missing here? I go back to my original proposal for change unless someone has a better idea.I'm all about solutions not just bitchin about the problem.
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bad_driver98
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Edmonton
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Message Posted: Mar 27, 2009 8:45:28 AM
galah, "Known to Police" to me just indicates that the Police are doing their jobs. They are aware of what is going on in the criminal community even if there is not enough evidence to convict the individual.
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rumbleseat
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Winnipeg
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Message Posted: Mar 27, 2009 4:22:28 AM
Mad Laker, the problem with using conviction rates to determine whether a Crown Prosecutor should keep his job is the tendency to subvert justice. There is nothing wrong with the acquital of an innocent person, and we have found too many people who have been convicted by fabrication or hiding of evidence, of highlighting circumstantial evidence and drowning juries in it, and the neglected testimony of witnesses to the defence, some of whom are known to police and prosecutors and never turned over to the defence. Put a "bonus" on convictions, and justice flies out the window.
Some of the people in this list weren't just wrongful convictions, some, such a Susan Nelles, were downright malicious. Others, subsequently cleared by DNA evidence, could easily have resulted in executions if we were actively executing convicted murderers.
A round-up of wrongful convictions in Canada:
Robert Baltovich, Michael Burns, Sebastian Burns, Rodney Cain, Wilbert Coffin (hanged, 1953), Ronald Dalton, Jason Dix, Jim Driskell, Jody Druken, Randy Druken, Hugues Duguay, Michel Dumont, Peter Frumusa, Walter Gillespie and Robert Mailman, Clayton Johnson, Yvonne Johnson, Herman Kaglik, Darren Koehn, Kulaveeringsam "Kulam" Karthiresu, Stephen Leadbeater, Donald Marshall, Chris McCullough, Michael McTaggart, Felix Michaud, David Milgaard, Guy Paul Morin, Shannon Murrin, Susan Nelles, Jamie Nelson, Greg Parsons, Benoit Proulx, Atif Rafay, Louise Reynolds,
Thomas Sophonow, Gary Staples, Billy Taillefer, Steven Truscott, Joe Warren, and Leon Walchuk
I am all for eliminating the credit for jail at 2 days for 1. It is allowed in the Criminal Code as a discretionary measure, despite what the newsies say, and it does require legislation to eliminate it. The two-for-one credit system is supposed to compensate the convicted for so-called "dead time" spent in overcrowded remand centres that do not have rehabilitation programs or the amenities of long-term prison housing.
Tories move to eliminate 2-for-1 jail credit
Actually, it is funny pyromania came up. I love a good fire, always have. But I tend to like than as large campfires and bonfires. The best one I was ever at was a university bonfire, about 10 feet high wood, about 15 feet across, in the middle of a field, many years ago. There was no toasting of dogs or marshmallows, you couldn't get close enough without toasting your face. It was a glorious site, and there were probably over 500 of us there. Your house is safe though. While I like the sight of flames, the destruction of somebody's world is saddening, which is why I am glad I helped prevent some fires from ever happening.
[Edited by: rumbleseat at 3/27/2009 4:29:47 AM EST]
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HRTrucklet
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Alberta
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Message Posted: Mar 27, 2009 2:33:57 AM
On the news last night, they said criminals were using the 2 for 1 (or in some cases, 3 for 1!) thing to get reduced sentences - in remand until trial date, they would use stall tactics, "lawyer needing more time", changing lawyers, etc. to extend the time they spent in remand before the trial to ensure their sentences would amount to next to nothing...they also said there is no mention in the laws about the 2 for 1 credit - it's something judges across Canada have all just adopted on their own!
Silverdog, I didn't quite get that impression from Rumbleseat's post, but I guess I could have misread it - LOL...
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Happyherman
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Calgary
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Message Posted: Mar 26, 2009 11:21:20 PM
I don't get what you are pitching here galah. If you are saying we have weak judges, I might agree with you. However I see very weak Crown Prosecutors. If I was running things I would send out the Prosecuting job to tender every couple of years and invite submissions. The submissions would have rates and a conviction percentage. I might set up my requirements for the conviction rate. If the company exceeded the conviction rate I would give them a bonus on their rate. So for every 5 point increase in the conviction rate their fess would increase. Sort of like hockey players wheo get bonuses for number of power play goals. I am a huge proponent of an incentive based remuneration system. I was a commision salesman, a greedy commision salesman and my competitors had salary based sales folks. I sold more, had happier commited customers, gave the best service, was the most knowledgeable and the most helpful, all because it meant coin in my pocket. I would always see the salesman from my competitor at the same coffee spot on our route and would buy him breakfast because I knew at the end of teh day I was headed home with signed orders and he was going home on empty. I digress, but I think you get my point.
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herbiepopnecker
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British Columbia
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Message Posted: Mar 26, 2009 10:11:53 PM
I'm known to the police also.
They pull up and see me driving out of the pub parking lot and wave.
And think to themselves 'there's the poor bugger thats's been a designated driver for over 20 years here. Wonder if he'll EVER get to drink a second beer."
[Edited by: herbiepopnecker at 3/26/2009 10:12:32 PM EST]
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Silverdog1
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British Columbia
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Message Posted: Mar 26, 2009 6:49:13 PM
Just heard on CKNW980 that the law giving Judges the right to shorten sentences because of "time served" -- the 2 for 1 crap that judges seem so fond of, is about to be rescinded. This will effectively prevent such consideration being given by judges.
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Silverdog1
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British Columbia
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Message Posted: Mar 26, 2009 6:44:47 PM
Is RS trying to tell us he's a pyromaniac HR?
Sure lots of motorcycles on the road the past week or so. Is winter really over? I was gonna wash my Suzuki, change oil and get it ready to ride...to hell, it's still to cold out there for that sort of foolishness.
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HRTrucklet
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Alberta
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Message Posted: Feb 18, 2009 11:16:43 PM
LOL, Rumbleseat - I think when they use that phrase "he is known to police", they generally mean it in a criminal sort of way - that's why people "known to police" are always the subjects of manhunts...
Why are they roaming at large? Justice system at work - they have rights which entitle them to get out on bail & commit more crimes before their trial date, I guess to really make it worth it when they finally wind up in court charged w/ 42 offenses instead of just 1...
This was on the Calgary news last night - LOL..."Crime Stoppers says that they believe the reason so much money goes unclaimed is because Calgarians just want to help fight crime in their city." Sure...more likely criminals reporting on each other...
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rumbleseat
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Winnipeg
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Message Posted: Feb 18, 2009 8:59:45 PM
I am well-known to the police, too. As a fire brigade volunteer, I assisted at fire scenes. As an insurance broker I registered and insured the vehicles for a small police force, as well as personal insurance for many of the officers. As a concerned citizen involved in the local community, and retired so I have the time, I have dealt with the police on several local policing issues.
Despite being well known to the police, maybe it is a good thing I roam the streets?
Perhaps being well-known is not enough to lock anybody up forever, maybe it is necessary for somebody to be convicted of a crime and sentenced? Mind you, I would have no problem with a 3 strikes law for serious offences.
[Edited by: rumbleseat at 2/18/2009 9:05:08 PM EST]
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