"The Hard Way"

Now this is really intolerable, when the police take it upon themselves to behave just like those they are in the professional business of apprehending to ensure that society is secure and safe. Police apprehending a suspect, and then mistreating him. Police officers bringing a suspect to a police station, isolating him in an interview room, and belligerently questioning him. Without the presence of a lawyer. Or his mother.

And then, resorting to violence. Yes, violence. This doesn't just happen on popular television shows. It happens in life. this does not just happen in police states with totalitarian rulers, it happens elsewhere. In countries that resolutely uphold the rule of law, democratic countries like those in North America. Canada, for example. Don't believe it? Well, you're wrong.

Officers at the Peel police station in greater Toronto took a suspect into custody and when that individual refused to commit himself to a statement - doubtless a statement that would confirm his guilt - they attacked him. One officer punched the man in the ribs and his jaw. That's brutal force in any country, any language, any version of grim, police reality.

The man bled profusely from his mouth, as a result. In fact the man's jaw had been broken. In two places. These police officers hadn't even the foresight to brutalize the man in a way that might not leave such startlingly obvious evidence. Guess when they realized the damage they'd done, they tried to get him to admit he'd hit his chin on the interview table, after cleaning up the blood.

Wonder what made the police so forgetful of their lawful obligations? Thinking of leaving their own profession and going over to the other side? Or maybe frustrated that it took them so long to identify the thugs who were involved in particularly vicious home invasions in Mississauga Ontario in 2002...? Where armed thugs with guns and knives forced themselves into homes.

Where innocent people were terrified and terrorized as they were threatened and then assaulted, from elderly residents to young children, unless their demands were met for the surrender of cash and other valuables. Carving a dollar sign into a man's back, attempting to dismember a finger. Roughing up an 8-year-old girl, threatening her parents with her abduction unless they handed over money.

And sexually assaulting a woman, placing a gun in her mouth, and then into her vagina. With these home invasions and assaults becoming common knowledge, the neighbourhood becoming increasingly fearful and demanding that they be protected. The police on high alert, grimly patrolling neighbourhoods, hoping to avert any further invasions.

And then arresting one of the invaders, Quang Hoang Tran, and anticipating and waiting for a statement that never came. He knew his rights, and he obliged the police officers by claiming his right to silence. Do something about it. They said they would, they'd get a statement come hell or high water, "the hard way". Hence the brutality. Still, no statement.

And guess what else there was none of. No trial, no conviction. His human rights had been violated. Police are not supposed to assault prisoners, are they? To do so is utterly despicable, isn't it? Justice must be seen to be done. And justice is on the side of those whom law agents maltreat. It can not be tolerated. It will not be tolerated.

At the initial trial the officiating judge commiserated with the abused man, but claimed the tortured, terrified victims of the home invasions deserved justice, and Tran would be convicted and serve his sentence; a lighter one that the good judge imposed to reflect police malfeasance. He did his best, that judge.

Mr. Tran knew his rights, and his lawyers, who had originally sought to have the charges stayed because his 'constitutional rights' had been abused, now helped him appeal. And the Court of Appeal weighed two injustices. They determined that to reflect a true carriage of (impartial) justice they must overturn the trial judge on the basis of police misconduct.

"It is essential for the court to distance itself from this kind of state misconduct - an unwarranted, grave assault causing bodily harm, delayed medical attention, a cover up that included perjury, a prosecutorial response that affected the perception of trial fairness and no effective response. Not to do would be to leave the impression that it tacitly approves of it."

Mr. Tran has a broken jaw. It will be mended. He will be free to repeat his offences, perhaps with an eye to being a trifle more studiously careful about being connected to such offences; he may alter his modus operandi. People can be preyed upon most ferociously in any number of ways, and he, skilled at some, can acquire others.

His victims will live with the memory of the terror he inflicted upon them. Simply put, sometimes the law really, truly is an ass.

The braying asses with their legal minds that is, that interpret and administer the law.