I've always known I would tell this story. I never knew when. It's not really mine to tell.
So it has to be slightly obscure.
A youth with a friend , partied in Newmarket. At the end of the evening, they called a taxi for the ride home to Aurora. Neither had cars, so it wasn't a matter of choice or judgement.
Waiting for the taxi, they were joined by three other youths who asked if they could share the cab home.
On arrival at destination, the three jumped out and ran without paying their share.
The friend ,seeing what happened, thought he ought to take off as well.
The fifth ,drunk as a skunk ,groping in tight jeans pocket for what he knew was enough to pay his share, was left swaying on his feet.
The fare was $11. He had $7. He decided he'd better run.
He fell. Got kicked in the side of the head, in his ear. steel toed boots, by cab driver and dragged back to the cab where call placed to York Region Police.
Police arrived. He was shoved into the back of the police car.
Youth charged with intent to commit fraud.
Fraud is an indictable offence , meaning it carries the penalty of a jail sentence and a record.
Parent ,finally informed ,seeks legal counsel.
Lawyer's office , painted dark green. Hunting prints on wall. Lawyer in tweeds ,pince nez,short beard neatly trimmed and desk lamp with green shade on impressive leather -topped desk.
Queen's counsel.
Lengthy conference. Strategy outlined . Separate the friends. Seek a different judge's court. Knows the judge. Plead leniency for first offence. One and a half hours into conference, no fee cited. But preparation continues.
Finally .....fee cited.
High. Even without knowing how time passes in a court room. Fee exorbitant. Added to the certain knowledge that whatever the offense to be defended .....it was not fraud......Intent to commit requires competence.
Being drunk eliminates the possibility.
Another lawyer consulted. Answer sought to question. Police officer responsible for the charge. Crown attorney responsible for prosecution.
At what point does C.A. examine evidence and determine charge can be successfully prosecuted.?
Lawyer swings chair around to face wall lined with law books as though seeking the answer,
"Good question" he responds . but does not answer.
Fee is a third of Queen's counsel.
First day in court, nothing accomplished Previous case went overtime. Judge decided too late to start
new case. Wags finger sternly at miscreant youth and warns him to be in court promptly at the precise time ,on the following day...like failure to proceed on appointed day is youth's fault.
A day's pay and lawyer's fee out of pocket and little assurance the process will not be repeated.
Time spent watching court proceedings revealed another being represented by agent.
Parent decides to act as agent. Youth informs C.A. In turn C.A. informs Judge of wish to dismiss
legal counsel and be represented by agent. Stern Judge indicates youth should make the request himself.
Agent visits CA 's office; request to see charge.
Refused.
Visits police station, requests to see charge..
Refused.
Visit with Police Chief. Assured of unlikelihood of jail time due to first offence.
To cut a very long story shorter, parent defends youth against charge of fraud.
Cites definition of the crime of fraud straight from law books in the library on the top floor of the almost new court house.
Stern lecture yo youth from judge about bad behaviour being a problem for society , but not fraud. Charge dismissed.
Parent leaves court house not proud of youth.
But also less than impressed by behaviour of individuals consulted with objective of obtaining a correct ruling on a wrongful charge.
Sequel! information provided not previously confided.
In the police car , with his ear bleeding, youth informed officer of intent to file assault charge against taxi driver.
Officer advised he could not do that.
Youth informed officer, parent would not be pleased about that.
Further inquiry resulted in car parked and further beating .
Between night and morning , the charge was changed from minor to an indictable offence with possibility of jail time or at very least a record.
With a friend ,he hired a cab. He had his share of the fare. He was most inebriated.
Guilty of nothing but severely impaired judgement.
Certainly, in accordance with evidence, not capable of a plan to commit fraud.
Moral of the story. If your kid gets in trouble. Remember...Remember.... possibility is more real than apparent
Listen to what he tells you.
No matter how incredible it may seem.
Wednesday, 18 December 2013
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5 comments:
This could be turned into a local "To Kill a
Mockingbird."
Your experience in the court house has created an even better writer. If there were spelling errors, I didn't notice them.
The bottom line is that the cops involved probably just forgot about the incident, /no accountability. Serpico got it right years ago.
I have heard parts of this story before and I still find the whole thing incredible.
Canadian Press
" Supreme Court rules against police practice in note-taking case "
This signals that policemen will not longer be able to consult their lawyers BEFORE preparing case notes on an incident.
The decision was not unanimous.
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