Today, for the very first time, the phrase ‘Two Tier Justice’ was uttered in a Canadian courtroom and an OPP officer was cross-examined under oath on the topic by none other than Gary McHale. In one of the high points of his cross, McHale asked the testifying officer if he knew who first used the phrase. “No.” Would it surprise you to learn that it was Ontario Provincial Police Association (OPPA) President Karl Walsh?
The OPP wanted very much to maintain the restriction that keeps McHale from entering Caledonia. McHale offered to agree not to go near the Argyle/Highway 6 smokeshop that was the scene of Doug Fleming’s Dec 01/07 protest, but that wasn’t good enough for the OPP. They wanted him kept out completely.
The OPP’s eagerness to ‘get’ McHale led the investigating officer, Detective Murray, to dramatically and badly overstate and misrepresent the case against him by taking a great deal of time to read into the record the misinformed Fantino fantasy version of our struggle against Two Tier Justice that blames most of Caledonia’s woes on us.
His testimonial ‘overkill’ however, actually provided us with – among many other things – evidence that proves they are trying to limit Gary’s freedom to come to Caledonia, in part, because the “stakeholders” in the landclaim negotiations complained to the OPP about him disrupting negotiations.
The ‘stakeholders’ didn’t like McHale exercising his rights. Hmmm. I wonder who the ‘stakeholders’ are? Could they be the provincial (i.e. McGuinty) government? The federal Government? Clyde Powless’ DCE/smokeshack thugs? Could it possibly be that Gary’s arrest and onerous release conditions have political overtones? Thanks, Detective Murray.
I also discovered today just how unbelievably badly misinformed and duplicitous the OPP truly are, as if I needed to be reminded. It was actually sad to see them all sitting there watching as the lead ‘investigator’ was on the stand trying to manipulate half-truths and misinformation into a Gary McHale smear campaign.
He was repeating the same misinformation about us that caused me to formally complain to the Solicitor General about Fantino last May – the same complaint that was dismissed before his own consultant had finished his report.
Well, by the time Detective Murray was finished, even I was thinking maybe we should be tarred and feathered and run out of town, so damning was his testimony! Seriously, I could hardly keep quiet or sit still as I listened to the fiction and insults he was presenting to the court against us. Merlyn Kinrade and I both commented on how we’ll never look at an OPP officer the same again.
In spite of all our letters, complaints and lawsuits, the OPP stubbornly refused to listen to us, but today…today…well, let’s just say the OPP side of the room didn’t look too happy by the time McHale finished cross-examining the head of the so-called ‘investigation’ into the violence of Dec. 1st.
By the time McHale was finished, the truth was plain as day: the OPP didn’t have a shred of proof to back up their claims against us as the good detective was forced to admit – among many things – that neither McHale nor I had committed an offence or been accused of an offence before December 1st, and that he had no evidence to support his claim that people had been injured at any of McHale’s events.
He also attempted to evade McHale’s question as to whether or not OPP officers had been assaulted on Dec 1st by natives saying that no officers have filed complaints. When pressed aggressively by McHale, Murray finally admitted that he saw some incidents on video that “gave him some concern.”
Bill Jackson of The Regional was there for the whole thing. Be sure to pick up a copy when it comes out next week.
Gary’s release conditions are still in place for now, but today has been a VERY, VERY, VERY good day in many ways – both in and out of the courtroom – most of which I can’t talk about.
I can tell you that Detective Murray stated under oath that the woman who incited the violence against Gary by making the false allegation of assault against him before pushing him is going to be charged for filing a false complaint; don’t know when, but it’s going to happen. Pack your toothbrush, honey.
(Just out of interest, note that Kyle Hagan was arrested on the day of the protest. Gary was arrested 6 days later. 13 days later, the woman who filed the false report still hasn’t been charged. But, it’s coming. The nice OPP investigator said so. And he wouldn’t lie to the court, would he?)
As I asked a VoC reader, have you ever tried to break up concrete? You pound on it. You pound on it. And, you pound on it so more, and nothing seems to happen. And then, it all suddenly cracks and falls apart. Stay tuned. Be patient, but I think you’re going to like what’s coming next.
Be sure to check out the CANACE incident report for Dec 01/07 if you haven’t already done so. When I tried to give a printed copy to Detective Murray, he refused to take it from me, saying, “I couldn’t care less about that!” This would be the same Detective Murray who told McHale, his wife and me on Dec 1st that he was “completely unbiased.”
Bill Jackson took a copy; I guess that’s why his paper prints the truth. They couldn’t care more about about it.
What a refreshing concept.
Please remember them…
Remember Kyle, Doug and Gary. They risked their freedom to defend your rights.
FREE CALEDONIA FROM THE OPP – NOW!
Mark Vandermaas, Editor
Co-founder, Canadian Advocates for Charter Equality