The judge is being pilloried in the media.
But in fairness there is almost certainly two sides to the story and the judge's side is going unspoken.
Lawyers being late for criminal court (especially a plea court) leads to endless and needless delay. Now, defence lawyers are very often late and I am not excusing that or blaming the specific Crown here. (There are reasons for being late and some of them are quite valid).
Was the judge's action justified? That I don't know -- but I am sure it was not a fit of pique -- there was some reason why the judge did as he did.
No doubt the full story will emerge; just know for now the whole story is not known.
3 comments:
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If we are to accept the premise that defendants are innocent until proven guilty, then arrest and pre-trial custody is a form of legal kidnapping. Any time people are being held against their will, particularly by their government, there is a significant burden on the crown to demonstrate that such an assault is necessary. Normally that standard is the due process of a trial, with all the associated protections. Prior to trial, a person being held by the state, while they are presumed to be innocent, has indeed been subject to an assault and kidnapping, of which only a trial will determine the justification for. If under these conditions, presumed to be innocent and in pre-trial custody, a prosecutor does not take seriously the circumstance he has placed these individuals in, of being held while presumed to be innocent, then the prosecutor has neglected his duties in a most egregious way, and should certainly be subject to sanctions. The remedy imposed by this judge of releasing the defendants would be what I would consider the minimum in order for justice to be served.
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