I have begun to believe my mind is full of tiny little topics that act like pimples.

No one can predict the order they start to fester in, or when they’ll get ripe and burst.

Saturday, 6 April 2013

The Dickhead Duncan Defense

The  Reasons  for  Judgment  in Regina  v.  Duncan

The Dickhead Duncan Defense

Today I was sent a link to the COURT FILE and the Reasons for Judgment  f or  Regina  v. Duncan by Justice Fergus O’Donnell  that was just released 26  March,  2013. 

It’s not new news, has nothing to do with Marijuana, but it is fascinating reading because once again it involves cops breaking the law and getting away with it,

The normal fate of the majority of any criminal or misconduct complaints against law enforcement officers would be dismissal for any number of trivial excuses. If the initial complaint commission entrusted with cop discipline could not ignore it, there would be a referral to a bunch of brother cops in another jurisdiction. Even if they fail to exonerate their brother, the consequences are minimal: suspension with pay until a plea deal followed by house arrest. That is not cynicism: that is reality. It’s a two tier justice system: one for cops the other for us.

This case is different: At 3 AM the cops confronted a civilian in front of his house and demanded he provide identification. He had done nothing wrong and refused to do so. They harassed him, arrested him for no reason, Tasered him, handcuffed him, processed him, and charged him under the Highways and Traffic Act with failing to signal to signal a left turn into his driveway and refusing to identify himself when requested to do so. They justified the Taser use with an allegation he resisted arrest, by walking away.

They f**ked up; there is no identification requirement under the Act. Mr. Duncan attempted to defend himself with a barrage of totally nonsensical evidence via Google. Judge O’’Donnell was forced to wade through this swamp of information and at the end his conclusion was that the arrest was illegal and threw the case out. He then sat down and wrote his reasons for doing so.

What he wrote is not just a legal document; it’s an exercise in judicial sanity, common sense, sarcasm, humor and disappointment by a very smart and astute man.  It’s well worth reading just for the imagery and caustic comment. It restores some of the faith I have lost in our Judiciary.

Anyone who reads it will be impressed but one point is missing: The cops broke the law because they were ignorant of what the law was. Ignorance is no excuse, but it doesn’t apply to cops. They stop an innocent civilian, make unjustified demands and when he doesn’t submit to their arrogant authority, harass him, arrest him, Taser him  unjustifiably, handcuff him, and unjustifiably detain him while they prepare their fallacious charges.

The judge shows they broke the law and there is no consequence under Criminal Law.  The Crown was aware of the details but will do nothing.. To prosecute the cops they would have to explain their approval of the charges, and to admit that they were sanctioning an illegal prosecution. It would have resulted in a normal conviction with serious consequences for Duncan if it had succeeded.  There will be no prosecution for the crime committed against him.

What really pisses me off is the National Post. This work is presented as the funny exposure of a fools attempt to defend himself with a pile of bullshit from the web. They don’t even suggest that the cops might have been guilty of assault because they are turning the same blind eye to the illegal arrest and prosecutions of both Doctor’s Kamermans and Saul for Marijuana fraud.

Enough sour grapes. Read on and enjoy a legal decision for a change. It’s a rare experience you may never have again in your lifetime.

The Smee Goan Guy