This is a curious story:
The Canadian military should take a "sober second look" at the continuing affiliation of three "callous" and "cowardly" reservists after they were acquitted yesterday of aggravated assault, a visibly angry judge said after excusing jurors from his courtroom.
"Your behaviour was nothing short of disgraceful," Superior Court Justice Robert Clark thundered.
After retiring Tuesday night, the jury returned late yesterday afternoon and found Ryan Crossman, 23, Ryan Livesey, 23, and Sean Jones, 21, not guilty.
While noting a jury's verdict reigns supreme, Clark said he had also listened as the men testified during the two-week trial.
... "Canada deserves better ... you should be ashamed of yourselves," Clark told the three as they stood silently in front of him.
I say it's curious because the defendants were, as the Star report notes, acquitted of the charges against them. The comments at the Star website are also expressing a little bit of, shall we say, confusion: "... doesn't their acquittal mean that they were found not guilty of the assault with which they were charged? The judge seems to be saying "Although you got off, I know that you're guilty."" Now, nobody over here is naive enough to think that court findings are definitive determinations of truth, but, really, if even a judge seems to discount the value of a jury decision, what are the rest of us supposed to be thinking?
"if even a judge seems to discount the value of a jury decision, what are the rest of us supposed to be thinking?"
That a verdict of "not proven" would be a useful import from Scots law?
Posted by: Mark Dowling | February 26, 2009 at 12:13 PM
You are absolutely right, and yes these boys were all acquitted of aggravated assault by a jury of their peers. The judge was nothing more than looking for a media spotlight!! These boys were attacked and merely defended themselves and nothing more. Unfortunately the attacker received a fractured skull after falling and hitting his head(which none of these boys even found out about until after they retained lawyers), contrary to the judge stating that they left him laying in the street, . It is really sad that in this day and age, we can not approach someone on the street to ask for directions.
I sat in the judges courtroom for 2 1/2 weeks while lawyers, among others were treated with the greatest dis-respect, all because this man's power trip. He stressed continuously that "everyman deserves the right to a fair trial"...where is the justice here??? These boys have had 3 years taken from their life....time to move on!
Posted by: tj1846 | February 26, 2009 at 05:07 PM
Curious, to say the least! Arrogance on part of the judge who reminded all in the court room that "everyman deserves a fair trial"....tries to dis-regard and dis-respect the verdict that the jury all for his moment in the spot light. I was in that court room and just because these guys were "military", the media and judge treated them extemely disrespectful. These boys did not leave this man suffering of his injuries. They had no idea that he had such a serious injury, until they retained lawyers and were told so. They were attacked by Hesam Zeinal Zedeh and defended themselves, ultimately, he fell to the ground and hit his head. All of this because one of the boys merely asked a question of his girlfriend???
Extremely unprofessional behaviour on behalf of this judge......that jury listened attentively and deliberated several hours to come up with their verdict and then you disregarded their hard work. If only they had seen your behaviour in the courtroom everytime they left...continuously throwing a hissy-fit everytime someone looked the wrong way. Next-time you get out of bed in the morning...look in the mirror.....YOU ARE NOT BETTER THAN THE REST OF US!!!!
Posted by: tj1846 | February 26, 2009 at 06:30 PM