Argus Posted February 3, 2010 Report Posted February 3, 2010 (edited) After a superior court judge ordered a justice of the peace to issue charges against OPP Commisioner Julian Fantino for threatening public officials McGuinty's hand-picked prosecutor decided - contrary to what the judge had ruled - that there was no reasonable prospect of conviction. Unbiased legal observers had urged the government to appoint a neutral Crown from outside Ontairo, but mcGuinty decided to go with one of his own, more easily influenced people. Earlier, the judge had reviewed the law and the evidence, and directed a justice of the peace to issue a warrant to charge Fantino. David McHale, who has pursued Fantino will appeal back to the courts. Crown drops charges On the other hand, the bizarre charge which Fantino browbeat his officers into making against McHale, is still out there, two years later. McHale was charged with "Counselling mischief not commited" a charge no one had ever heard of before. Emails filed by McHale point to an obssession Fantino had with getting him on something - anything, no matter what it took. Detectives working the case were ordered to report on their progress to the deputy commisioner's office 3 times a day. Fantino's Obsession Edited February 3, 2010 by Argus Quote "A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley
Wild Bill Posted February 3, 2010 Report Posted February 3, 2010 After a superior court judge ordered a justice of the peace to issue charges against OPP Commisioner Julian Fantino for threatening public officials McGuinty's hand-picked prosecutor decided - contrary to what the judge had ruled - that there was no reasonable prospect of conviction. Unbiased legal observers had urged the government to appoint a neutral Crown from outside Ontairo, but mcGuinty decided to go with one of his own, more easily influenced people. Earlier, the judge had reviewed the law and the evidence, and directed a justice of the peace to issue a warrant to charge Fantino. David McHale, who has pursued Fantino will appeal back to the courts. Crown drops charges On the other hand, the bizarre charge which Fantino browbeat his officers into making against McHale, is still out there, two years later. McHale was charged with "Counselling mischief not commited" a charge no one had ever heard of before. Emails filed by McHale point to an obssession Fantino had with getting him on something - anything, no matter what it took. Detectives working the case were ordered to report on their progress to the deputy commisioner's office 3 times a day. Fantino's Obsession Exactly as I predicted. Now, the question is, how will this play out in the general public? It may not be the major issue next election, but McGuinty has sure handed the Opposition some ammunition. Some pigs are more equal than others, as Orwell said. Quote "A government which robs Peter to pay Paul can always depend on the support of Paul." -- George Bernard Shaw "There is no point in being difficult when, with a little extra effort, you can be completely impossible."
Argus Posted February 3, 2010 Author Report Posted February 3, 2010 Exactly as I predicted. Now, the question is, how will this play out in the general public? It may not be the major issue next election, but McGuinty has sure handed the Opposition some ammunition. Some pigs are more equal than others, as Orwell said. Well, Fantino has been a pig for a long time, a fat bureacrat known more for his ability to suck up to his politial masters than as a cop of any kind. The decision will be appealed. If a judge questions just why the Crown didn't think the evidence could lead to a conviction and the Crown doesn't have a very good reply it could make the political interference even more obvious. Quote "A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley
Sir Bandelot Posted February 3, 2010 Report Posted February 3, 2010 After a superior court judge ordered a justice of the peace to issue charges against OPP Commisioner Julian Fantino for threatening public officials McGuinty's hand-picked prosecutor decided - contrary to what the judge had ruled - that there was no reasonable prospect of conviction. This says much about the level of corruption in our system. Quote
ToadBrother Posted February 4, 2010 Report Posted February 4, 2010 Exactly as I predicted. Now, the question is, how will this play out in the general public? It may not be the major issue next election, but McGuinty has sure handed the Opposition some ammunition. Some pigs are more equal than others, as Orwell said. Nothing much will happen. In the PR world it's known as "riding it out". Some dumb ass OPP will kill some semi-innocent person, this will get brushed off to the side. Accountability is only for us normal people. Guys with uniforms don't get held accountable, they get big pensions and a nice gold watch. Quote
Who's Doing What? Posted February 4, 2010 Report Posted February 4, 2010 How about a counselling mischief charges for those people putting up road blocks? THis just stinks. Regardless of a "reasonable prospect of a conviction" this is the kind of thing that should be investigated for best interest of the public. IF Fantino is shown to be no more than a puppet of the GOvt. then he needs to be removed. IF he is innocent then that needs to be brought into the public forum aswell. Now we have no statements made under oath in a court of law, no evidence, nothing that tells us one way or the other what the hell really took place. Not bringing in an outside entity when the case invloves the Govt. is shameful. Something I would expect from the Harper govt. Come to think of it, I would expect it from the Chretien govt. aswell, cause a proof is a proof and all that. The fact that our politicians think so little of us that they feel they can behave in such a manner is really starting to piss me off. We need change. Quote Harper differed with his party on some key policy issues; in 1995, for example, he was one of only two Reform MPs to vote in favour of federal legislation requiring owners to register their guns. http://www.mapleleafweb.com/election/bio/harper.html "You've got to remember that west of Winnipeg the ridings the Liberals hold are dominated by people who are either recent Asian immigrants or recent migrants from eastern Canada: people who live in ghettoes and who are not integrated into western Canadian society." (Stephen Harper, Report Newsmagazine, January 22, 2001)
Shwa Posted February 4, 2010 Report Posted February 4, 2010 Not bringing in an outside entity when the case invloves the Govt. is shameful. If they didn't for Harris when the OPP shot and killed an umarmed protester at Ipperwash then why should they for Fantino? Seriously now. Quote
charter.rights Posted February 4, 2010 Report Posted February 4, 2010 If they didn't for Harris when the OPP shot and killed an umarmed protester at Ipperwash then why should they for Fantino? Seriously now. The whole private prosecution was doomed to fail from the beginning. Just look at the dumb lump that filed it. Quote “Safeguarding the rights of others is the most noble and beautiful end of a human being.” Kahlil Gibran “Great spirits have always encountered violent opposition from mediocre minds.” Albert Einstein
Wild Bill Posted February 4, 2010 Report Posted February 4, 2010 (edited) If they didn't for Harris when the OPP shot and killed an umarmed protester at Ipperwash then why should they for Fantino? Seriously now. Non sequitur. Harris is long gone. The question of whether he was responsible was moot. No one ever laid a charge on Harris or the OPP commissioner at the time. This case is different. There WAS a specific charge against Fantino! Originally, the JP refused to issue it. He had to be forced to lay the charge by a judicial order. Now McGuinty's Crown Attorney drops the charge without it ever being put to a judge. This is wrong on so many levels. Politically, it looks like Queens Park interference! If they had of gotten an out-of-province Crown Attorney involved he might have done the same thing. There IS a good argument for poor prospects for conviction, after all! This would have looked far less corrupt. We have the dropping of the charge against Fantino, not that long after the secret deal with the Chatwell/Brown property. Is there ANYONE who believes McGuinty anymore? Welcome to Ontario, the banana republic of the North! Edited February 4, 2010 by Wild Bill Quote "A government which robs Peter to pay Paul can always depend on the support of Paul." -- George Bernard Shaw "There is no point in being difficult when, with a little extra effort, you can be completely impossible."
Shwa Posted February 4, 2010 Report Posted February 4, 2010 It isn't a non sequitur because the reference was to the accusations levelled at Harris being far more serious that the mischief levelled at Fantino by a well known douchebag. One would think the more serious accusations would require a more independent and impartial enquiry. Did that happen for Ipperwash? If you consider Linden "neutral" then you wouldn't have any compunction with this deal about Fantino. Welcome to Ontario, the banana republic of the North! Interesting comment seeing that to achieve a banana republic many Indians had to be killed and to get out of a banana republic many more Indians were killed. Quote
Wild Bill Posted February 4, 2010 Report Posted February 4, 2010 (edited) It isn't a non sequitur because the reference was to the accusations levelled at Harris being far more serious that the mischief levelled at Fantino by a well known douchebag. One would think the more serious accusations would require a more independent and impartial enquiry. Did that happen for Ipperwash? If you consider Linden "neutral" then you wouldn't have any compunction with this deal about Fantino. Interesting comment seeing that to achieve a banana republic many Indians had to be killed and to get out of a banana republic many more Indians were killed. You don't like McHale. You've made that obvious. Therefore, you don't think he should have equality under the law, since after all, he's a "douchebag". You DO like Fantino! You've also made that obvious. So you think that he should have some sort of immunity to the law as regards his actions in Caledonia. You know, believe it or not I would insist on a fair trial even for YOU! Afer following your reasoning while posting in this thread I really wonder if the feeling's reciprocal. Your attitude of justice only for who you do or don't like frankly scares me! At the risk of inciting Godwin's Law, I can hear jackboots stomping... Edited February 4, 2010 by Wild Bill Quote "A government which robs Peter to pay Paul can always depend on the support of Paul." -- George Bernard Shaw "There is no point in being difficult when, with a little extra effort, you can be completely impossible."
Shwa Posted February 4, 2010 Report Posted February 4, 2010 Your attitude of justice only for who you do or don't like frankly scares me! True I think McHale is a douchebag of the lowest order. Not true I like Fantino. I posted that he is highly decorated and experienced. But look a little closer and see that he is not new to controversy. However, I doubt any justice is served by every douchebag that runs screming like a little girl to the courts everytime a cop tells them to bugger-off. Besides, the courts decided, not me, so it isn't my version of justice you should be concerned about. Quote
charter.rights Posted February 4, 2010 Report Posted February 4, 2010 (edited) You don't like McHale. You've made that obvious. Therefore, you don't think he should have equality under the law, since after all, he's a "douchebag". You DO like Fantino! You've also made that obvious. So you think that he should have some sort of immunity to the law as regards his actions in Caledonia. You know, believe it or not I would insist on a fair trial even for YOU! Afer following your reasoning while posting in this thread I really wonder if the feeling's reciprocal. Your attitude of justice only for who you do or don't like frankly scares me! At the risk of inciting Godwin's Law, I can hear jackboots stomping... What a load of crap! http://img704.imageshack.us/g/crowndropsfantinocharge.jpg/ 10. The issue before the Superior Court Judge on the application for review was very narrow. As defined by the Superior Court Judge in his Reasons for Judgement, the narrow issue before him was whether the Justice of the Peace at the pre-enquete, in deciding whether process should issue, exercised his discretion judicially in deciding whether there was some evidence on each element of the offence. (That is, where there was bare minimum of evidence on each element of the alleged offence). The question of whether there is a “reasonable prospect of conviction” is one that was not, and could not, properly, have been addressed by the Superior Court Justice. McHale indicated to the Crown on January 15 that he had additional evidence. The Crown Attorney asked McHale for the additional information and on January 21, 2010 Mchale claimed the evidence would not be forthcoming. McHale sunk his own ship. There was not enough evidence for “reasonable prospect of conviction”. This was not political. It was procedural and both McHale and Fantino were treated fairly and equitably. Edited February 4, 2010 by charter.rights Quote “Safeguarding the rights of others is the most noble and beautiful end of a human being.” Kahlil Gibran “Great spirits have always encountered violent opposition from mediocre minds.” Albert Einstein
Argus Posted February 4, 2010 Author Report Posted February 4, 2010 It isn't a non sequitur because the reference was to the accusations levelled at Harris being far more serious that the mischief levelled at Fantino by a well known douchebag. No, he's right. You're wrong. As you invariably are. In fact, the Crown opposed the laying of charges by the JP. The judge ignored them and ordered the JP to lay the charges. So what did people expect the Crown to say afterwards? Did they honestly expect the Ontario Crown - controlled by McGuinty - to earnestly prosecute? Quote "A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley
Argus Posted February 4, 2010 Author Report Posted February 4, 2010 True I think McHale is a douchebag of the lowest order. Not true I like Fantino. I posted that he is highly decorated and experienced. But look a little closer and see that he is not new to controversy. He's been a useless, political drone for decades, dancing and sucking up to whatever toon his politicla masters call; no morals no ethics, no principals. You like him because McGuinty is a weasel. Replace McGuinty with someone hostile to your interests and Fantino will cheerfully send in the OPP with orders to machinegun every native who gets in the way. However, I doubt any justice is served by every douchebag that runs screming like a little girl to the courts everytime a cop tells them to bugger-off. Besides, the courts decided, not me, so it isn't my version of justice you should be concerned about. You keep calling Mchale a douchebag, and yet most of us here would probably say we think a lot more of him than we do of you. So what exactly is the proper pejorative term for someone lower than a douchebag? Quote "A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley
Shwa Posted February 5, 2010 Report Posted February 5, 2010 ...and yet most of us here would probably say we think... Right. Another soap boxer standing alone on a corner. You like to beef up a poor argument with the spectre of democracy and claim the higher moral ground. Do you know how old that is? Wake up man, its the 21st century and you are using 20th century methods. ...and Fantino will cheerfully send in the OPP with orders to machinegun every native who gets in the way. You reveal more about yourself here than Fantino. Quote
Argus Posted February 5, 2010 Author Report Posted February 5, 2010 Right. Another soap boxer standing alone on a corner. You like to beef up a poor argument with the spectre of democracy and claim the higher moral ground. I need to make any particular claims to a guy who thinks "douchebag" is the proper term for people who disagree with his extremist political views. I've seen no one here not sympathetic to his claims other than a couple of fascist inclined native rights bigots. Quote "A liberal is someone who claims to be open to all points of view — and then is surprised and offended to find there are other points of view.” William F Buckley
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