McHale could serve 5 years for alleged suggestion

Posted: November 21, 2008 in Caledonia, FantinoGate, Gary McHale, Headlines, Jeff's Blogs, OPP, Trial of the century

November 21, 2009

The McHale trial for “counselling mischief not committed” ground to a halt today due to one of those legal nuances that Fantino hates being bogged down by. It seems that since those responsible for this bogus charge were acting under Julian’s orders to ignore the fact that Gary didn’t actually do anything wrong, nobody realized until today that if found guilty of making a suggestion not taken, Gary could spend 5 years in jail.

Throughout the proceedings that have taken place over the last year, many people in the judicial system have stated that they had never heard of counselling mischief not committed, and the crown has stated from the beginning that they (as ordered by Fantino) were only seeking travel restrictions on McHale even if he were to be found guilty at trial.

Today Mitch Hoffman and the judge hearing the case realized that due to the way this law was written, Gary could find himself facing 5 years in prison if convicted. The spirit in which this rarely used charge was written was that if a person were found guilty of counselling to commit murder (even if not committed), their punishment would fit the crime that they were trying to see take place.

In this case however, the gross misuse of the justice system to prosecute a man for his political beliefs means that if found guilty of making a suggestion that nobody took, McHale could receive the same sentence he would have had he actually shut down a provincial highway, and as he is not a Native that could be 5 years in prison.

The case has been adjourned until next week so that both McHale and the crown can decide how they want to proceed, but the crown had already made it clear that they want to spend vast quantities of our tax dollars trying to get a conviction, so one would have to assume that they won’t back down now despite the fact that they could end up sending an innocent man to Kingston for half a decade for purely political reasons.

It should be interesting to see how the crown proceeds knowing that for almost a year now, they have been misleading Gary about the potential consequences of his alleged utilization of free speech. This unfortunately means Fantino isn’t likely to have to take the stand on Monday, but that’s something that will take place when the epic trial of mammoth proportions resumes in the near future.

Jeff Parkinson

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Comments
  1. WL Mackenzie Redux says:

    It’s abundantly obvious that it is the Provincial crown office that should be on trial for turning a Canadian courtroom into a soviet star chamber political trial.

  2. LLOYD s' says:

    why don;t some body put a muzzle on fantino the man is a sicko !!!

  3. caledoniawakeupcall says:

    While I agree with you WL, that is another story for another day.

    I’m afraid I must disagree with you Lloyd. I don’t think ignorance has yet been classified as a legitimate sickness so Fantino doesn’t have that excuse and I continue to believe in and fight for freedom of expression even for the Fantino’s of the world.

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