Sometimes it is hard to defend a principle
This week a story broke about an appeal launched by Troy Davey. Now to be fair this clip is not about defending a murderer nor is it an attack on the local police so back off and read this piece carefully. This story, about the appeal, is based on an insidious practice called - jury vetting. Quite popular and seemingly widespread, this practice is the way some Crown Attourneys have been ensuring that juries are less than random. In theory every person demanding a jury trial is entitled to be heard by jurors drawn at random to ensure impartiality. Each side, at trial, is entitled to challenge each juror as they appear in front of the judge for selection. It became obvious, last year, that as part of the jury selection process, when the names of the jury panel were submitted to the local Police for a routine criminal check, that some Police Services, as a favour to the Crown (?) were adding editorial comment to the names. This would indicate if the named person was partial to one side or the other.
If the Cobourg Police Service was doing this then it was part of a widespread problem as the practice is illegal and offensive and could pervert the course of justice by placing friendly people on juries. But it is a question that the Police Services Board has to answer - did they do it and have they stopped it? If a retrial of Troy Davey is necessary to correct this practice then sobeit, a price to pay for a clean system.
If the Cobourg Police Service was doing this then it was part of a widespread problem as the practice is illegal and offensive and could pervert the course of justice by placing friendly people on juries. But it is a question that the Police Services Board has to answer - did they do it and have they stopped it? If a retrial of Troy Davey is necessary to correct this practice then sobeit, a price to pay for a clean system.

15 comments:
Both sides have jury list before the trial. What is your opinion on the defence using private investigators to collect private background info on the same people? Interesting that that point was not in any media articles. Unfortunately media articles do not always mean fact. If the defence has an issue bring it before the courts. Unfortunately these media reports only hurt the victims again.
But the state in the form of "cards" and CPIC have an advantage over PIs. In fact both sides, if they vet, are guilty, however because the State and local police have the list first, as opposed to the defense only working with the people picked after the random selection, are still at a disadvantage.
While I deplore the idea that Davy may get a new trial I cannot defend the process of vetting a jury by the police services. As one of the prospective jurors I have huge problems with the idea that my name may have been run through CPIC without cause. I think there needs to be a wider ranging investigation with regards to this.
As things appear to be now, the "system" is a great deal more about winning and not necessarily about justice. If that observation is accurate, then the system needs reworking to get it as close as it can be to a 'justice' objective rather than simply winning at any price.
How disappointing that Anonymous #1 would fail to see the difference between preserving the randomness of a jury pool on the one hand and the necessary evaluation by both Crown and defence of particular potential jurors on the other hand. I am completely with Ben on this one.
Let the discussion begin after the appeal has been heard. The facts will be put before a court and a decision made. The media reports prior based solely on defence comments are uncalled for and hurtful.
It hasn't been said, but I feel it needs to be mentioned that it was the OPP that carried out the investigation that led to the conviction of Troy Davey. The "local police" were never directly involved. The CPS don't deserve to be dragged into this debate.
If Troy Davey has to have a new trial to correct this wrong, so be it.
Let's be clear that the Crown is the reason why - if that happens. While this disgusting practice has been occurring all over the province, I am not surprised that our local Crown office is right there in the middle of it.
Bottom line: you can't have justice when one side doesn't play fair, especially when it comes to our court system.
Add to that the fact that the Province pays Crown lawyers almost twice what they give the legal aid lawyers who provide the defence, and we have a system already tipped to the side of the Crown.
I have been impressed with the discussion of the participants above; with their scrupulous adherence to the principles of elementary justice and fairness.
Unsurprisingly, not one of the features of fairness and justice can be found in the kangeroo courts of Canada's Human Rights Commissions.
I'm curious about those posting their concerns about justice and fairness in the courts; why do none of you care about the systemic and inherent unfairness of human rights commisions?
Because you're an idiot, Wally ...
NO NO NO SORRY SORRY, THAT'S GETTING OFF POINT. SORRY.
LOL.
Wow! Wot A Wit you is Martin Fartridge.
Is that the best zinger you can squeeze out of your bloated bland gland? But then again, years of law practice has a tendency to block the ability to think outside the pox, ie. creativity.
Sorry for your inability.
Oh lighten up, Wally.
Oh Martin, I am light. I got the wit, whereas you got the twit.
It is quite surprising to see Martin being drawn into a non-sensical interchange with this blog's mr. blah-blah. What a waste of blah-ging space.
Maybe it's time for you to invent a waste basket for this blog, Ben. As the self-professed poet-supreme, surely mr. blah-blah would find it useful as well. He must surely write and need to dispose of many drafts of his offerings (here and elsewhere) before sharing those perfected gems with a hungry world salivating at the thought of another masterpiece coming down from its poet-supreme and, just think, he's our very own mr. blah-blah. How wonderful is that?
Yes, I am Cobourg born and raised. Interesting how bigoted people, including the non-entity: anonymous, hate that.
I think it is time that anony mouse purged themselves with a good vowel movement.
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