BULLETIN: Crown drops charge against McHale
On Friday April 23/10 Gary McHale and the Crown will schedule a date for a ‘Stinchcombe’ hearing wherein McHale will ask the court to order the Crown to disclose certain evidence required for his defence against the charge of Counselling Mischief Not Committed laid by the OPP in December 2007. For those involved in this shameful abuse of power, the implications could be severe.
STINCHCOMBE/CHARTER Application for Disclosure Hearing – date to be scheduled on April 23
- McHale letter to Crown, Jan 27/09: Additional Disclosure (Jon Sabin, OPP, Tim Sywyk, Lynda Powless, Camille Powless)
- McHale letter to Crown, Dec 14/09: Disclosure Request (OPP deal w/Clyde Powless)
- McHale letter to Crown, Jan 25/10: Disclosure Request (Deputy Minister, Insp. Renton, Fantino, false testimony by 3 officers)
- Ontarior Superior Court, March 19/10: McHale Notice of ‘Stinchcombe/Charter’ application
Key items requested…
1. DISCLOSURE OF EMAILS TO/FROM DEPUTY MINISTER & OPP: McHale is requesting copies of emails & text messages between OPP Commissioner Julian Fantino and the Deputy Minister for the Ministry of Community Safety and Correctional Services Deborah Newman (photo below) as they pertain to the charge against him.
Posted in 1. VoC's MOST IMPORTANT POST, Caledonia - Dec 01/07, Courage & Sacrifice, Deborah Newman, Fantino v Truth, How low can they go?, Legal actions & rulings, McHale Trial, MUST SEE, Native Protests - Caledonia, Racial Justice, Racial Policing, Rick Bartolucci
UPDATED 1308 March 19/10 — Nearly two years before yesterday’s issuance of Obstructing Justice charges against OPP Deputy Commissioner Chris Lewis and Superintendent Ron Gentle, the Minister of Community Safety and Correctional Services Rick Bartolucci was informed that serious allegations of possible criminal conduct were being made against the OPP in connection with their investigation of the Dec 01/07 Caledonia protest and the resulting charge against Gary McHale.
On May 30/08, on behalf of Gary McHale, Jeff Parkinson and myself, I sent a 71 page complaint under the Police Services Act to the Minister which summarized evidence alleging that Julian Fantino may have committed three criminal offences — Obstructing Justice, Influencing Municipal Official and Breach of Trust — and asked that the RCMP be called in to investigate.
Although I/we did not, at that time, have the damning OPP emails that have now resulted in charges against Lewis and Gentle the minister was supplied with an extraordinary amount of detailed information that should have had him ringing alarm bells at RCMP HQ. Clearly, he should have been concerned: a Superior Court judge believed there was evidence to charge Fantino with Influencing Municipal Officials and now, a justice of the peace has issued process for Obstructing Justice charges against Lewis and Gentle for their involvement in the Dec 01/07 investigation.
Not only did Bartolucci refuse to call in the RCMP to investigate he didn’t bother to ask for supporting documents before dismissing the complaint out of hand. Despite a follow-up letter from me, he did not even address part 3 of the complaint which alleged Fantino may have committed a Breach of Trust by lying to the public about McHale and me.
Posted in 1. VoC's MOST IMPORTANT POST, Caledonia - Dec 01/07, CANACE, Deborah Newman, Fantino v Truth, Legal actions & rulings, McHale Trial, MPP Toby Barrett, MUST SEE, Native Protests - Caledonia, One Law for All!, OPP Chris Lewis, Racial Justice, Racial Policing, Racial Profiling, Rick Bartolucci, True North - NOT free!