August 23, 2008

Please note that this is not a CANACE release, and is the result of a decision made solely by the author (Jeff Parkinson) to share information that I believe the public should have.

This week I was at the Cayuga Courthouse when the Crown withdrew the criminal charges of Extortion, mischief and intimidation filed by Gary McHale against Floyd and Ruby Montour. Immediately the Crown then told the court the OPP were laying criminal charges against Floyd and Ruby for mischief.

Maybe Fantino wants to increase his stats on the number of natives charged by the OPP to back up his weak claims that race based policing doesn’t exist in Haldimand County. The OPP had a full year to lay these charges while Floyd and Ruby have been actively committing serious crimes in Hagersville, Caledonia, Cayuga and Brantford. However, the OPP was unable to lay the charges until after Gary McHale filed his – is anyone surprised?

Since I was involved in videotaping the crime scene in Cayuga, I was called to testify so I have a little inside information about what’s going on and the public needs to know just how much the Crown is working with the OPP to ensure that charges like extortion will never be heard by a judge. They are not interested in the evidence because they have already decided that they will not allow such charges.

Some may ask how I know the Crown isn’t interested in the evidence. The answer is quite simple. Mr. McHale wrote the Crown on July 11, 2008 and informed them that due to technical problems the video submitted to the court had to be replaced with a video that had sound. Secondly they were told that additional evidence was available for the Crown and asked to set a meeting to receive it.

The Crown refused to speak to Mr. McHale and in fact gave him the run around on exactly who was going to be the Crown the day Floyd and Ruby had to appear in court. Gary wasn’t allowed to speak to the Crown until 5 minutes before they stood up and told the court the charges were being withdrawn for mysterious reasons which they opted not to share with anyone.

It is common practice for the OPP to adjust or add to evidence after charges are laid but the Crown in Cayuga would not allow the acting prosecutor the same right because he was Gary McHale. A perfect example of just how much the OPP can change the information in a criminal case is the one before the courts now against Gary.

The order to arrest Gary McHale was given by senior OPP officers on December 1 before an investigation had taken place and he was to be charged with assault. When he was arrested on December 7, he was charged with Mischief which was reported in an OPP press release that same day, written in an affidavit by Supt. Cain and on papers Mr. McHale had to sign when he was released from custody. Within a few weeks the court papers were changed to say ‘counseling mischief’ and a month later they were changed yet again to read ‘counseling mischief not committed’

The Crown has no problems with the OPP changing anything it wants but it refused to allow Mr. McHale to provide a corrected video and additional evidence. Why? Because he’s Gary McHale.

We’re not talking about some inexperienced, apprentice Crown either. It was John Pearson, Director of Crown Operations – Central West Region, who stood up in court to withdraw the charges.

The Federal Prosecution Service Deskbook provides the Crown with instructions of how to prosecute cases. Before any Crown is permitted to withdraw charges they are instructed to consult with the police and investigators in the case. This Deskbook also contains the instructions for private prosecutions which includes the following:

“The right of a citizen to institute a prosecution for a breach of the law has been called “a valuable constitutional safeguard against inertia or partiality on the part of authority.”

The refusal of the crown to consult despite knowing that there was additional evidence available is just one example of how Mr. Pearson has made it necessary for a judicial review to take place, and when it does you can be sure that Gary McHale will be asking a judge to reinstate the charges against Floyd and Ruby.

Jeff Parkinson
  1. Fabulous post, Jeff! When I can catch up to my current project I’ll get it up at VoC.


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