Information That Might Come in Handy

A line on the twenty-four hour news channel noted a charge of intoxication against the husband of Vaughan Mayor was QUIETLY withdrawn by the Crown Attorney.

People can read into the word "quietly" whatever was intended. My own reaction was immediate. It triggered another memory.

Such a charge can only be laid by the officer present at the scene. He must describe details
and circumstances to support the charge. He may consult with the duty sergeant but only he/she can lay the charge.

He does not prosecute. That's the job of the Crown Attorney. The police officer is a witness in court proceedings.

Theoretically, the crown attorney must examine the charge and determine if the evidence is sufficient to support it before the case proceeds to trial.

The lawyer for the defence has a right to examine the charge and supporting evidence .
Since the charge was withdrawn against the husband of Vaughan Mayor one might reasonably assume the defence counsel successfully argued the evidence was insufficient to support the specific charge.

Withdrawing the charge might just have been the wisest course of action.

I had the opportunity once to ask a lawyer the question:

At what point does the Crown Attorney examine the charge and decide if the evidence supports it?

He swung his chair around to gaze at the impressive law books on the shelves behind him and thoughtfully responded:

"That's a very good question,Evelyn."

It was a parrying response which became familiar over the years.

I am reminded of it every time I read of clogged courts , overcrowded jails and people released because "justice delayed is justice denied"

When I read of the need for more judges, more courts, more crown attorneys and ever more servants on the public payroll I am reminded of my experience.

On the occasion ,I spent memorable hours going from lawyers' offices, a police station , crown attorney's office, the library on the top floor of the new court house. Three appearances in court; the last acting as defence mother.

A thousand dollars expended would have been more than fifteen had I gone with the first lawyer, a Queen's Counsel. Four hundred and fifty for the second and a day in court when nothing at all happened .

All to argue against a charge which never at any time had a scintilla of evidence to support it.