Judge Tosses Impaired Due to Police Attitude and Actions
A judge granted a stay of proceedings in a case where police indifference and a cavalier attitude outweighed the public interest of this case being decided on the merits.
Let me explain. The judge in this case found the accused guilty. This would mean he would convict and proceed to sentence. He didn’t. He found that the conduct of police fell below the professional standard enough that it justified preventing the conviction from being registered and dismissing the charge.
This case serves to demonstrate that the police are held to a standard that is necessary in the criminal justice system. The message has been telegraphed. Charter protection is entrenched and such conduct can not be saved as a reasonable limit. Basically, don’t be a jerk or else.
This keeps in balance the rights of society to try the case on the merits with accountability placed on the police. When I read it, I felt that great tingly feeling that there is justice and defence counsel should be commended on doing such a great job.