Sensitive To Interpretation
The niceties of observation of the letter of the law sometimes seem obscenely lunatic. And that's because they are. In insisting that the letter of the law be scrupulously observed, that old adage of throwing the baby out with the bathwater seems to satisfy legal requirements in the minds of those who sit in judgement of both criminals within society and the police who are tasked with our security.
In this instance it's the Niagara Regional Police who have been chastised by a judge.
Two of the accused in an operation that closed down what has been described as one of Ontario's largest marijuana-grow operations have had the good fortune of having charges stayed. The detectives who worked on the case and brought it to a successful conclusion evidently failed to reveal the identity of an informant.
The informant, as it happened, simply accidentally came across visual evidence that his trained eye interpreted fairly accurately. An off-duty Hamilton police detective, Alvars Jekabsons, visiting with extended family in the town of Lincoln was alerted to signs that spoke to him of a likely grow-op, whereupon he noted the license plate of a vehicle.
He took it upon himself, as a trained and responsible officer of the law to pass along his suspicions to the Niagara Regional Police whose jurisdiction it was. He asked that his name be kept in a protected status for fear of possible reprisals against his relatives living in the area. That appears to be a reasonable request, and certainly the Niagara Regional Police thought so.
They acceded to his request. And with the information he had relayed to them the Niagara Police were able to uncover a huge operation with thousands of marijuana plants in various locations. The value of the extended operation was said to represent between $8 and $16-million. The two leading detectives conveyed their notes to the Crown, taking care not to mention the name of their informer.
Ontario Superior Court Judge Peter Hambly took umbrage at this attempt at anonymity in favour of protecting a source, writing: "The police are obligated to produce all information that they gather in an investigation to the Crown. No justification" that he could see in his reading of the fine print in protecting anyone's identity.
Federal prosecutors, perhaps imbued with a little more common sense and obligation to the public weal have filed a four-page notice of appeal, stating that the judge had "erred in finding that an abuse of process had occurred", failing to appreciate the concerns for safety of the police officer involved.
"While police officers cannot be confidential informants in cases related to their official duties, it is appropriate that their identities be protected when they provide information obtained in their purely personal lives."
Entirely too sensible.
In this instance it's the Niagara Regional Police who have been chastised by a judge.
Two of the accused in an operation that closed down what has been described as one of Ontario's largest marijuana-grow operations have had the good fortune of having charges stayed. The detectives who worked on the case and brought it to a successful conclusion evidently failed to reveal the identity of an informant.
The informant, as it happened, simply accidentally came across visual evidence that his trained eye interpreted fairly accurately. An off-duty Hamilton police detective, Alvars Jekabsons, visiting with extended family in the town of Lincoln was alerted to signs that spoke to him of a likely grow-op, whereupon he noted the license plate of a vehicle.
He took it upon himself, as a trained and responsible officer of the law to pass along his suspicions to the Niagara Regional Police whose jurisdiction it was. He asked that his name be kept in a protected status for fear of possible reprisals against his relatives living in the area. That appears to be a reasonable request, and certainly the Niagara Regional Police thought so.
They acceded to his request. And with the information he had relayed to them the Niagara Police were able to uncover a huge operation with thousands of marijuana plants in various locations. The value of the extended operation was said to represent between $8 and $16-million. The two leading detectives conveyed their notes to the Crown, taking care not to mention the name of their informer.
Ontario Superior Court Judge Peter Hambly took umbrage at this attempt at anonymity in favour of protecting a source, writing: "The police are obligated to produce all information that they gather in an investigation to the Crown. No justification" that he could see in his reading of the fine print in protecting anyone's identity.
Federal prosecutors, perhaps imbued with a little more common sense and obligation to the public weal have filed a four-page notice of appeal, stating that the judge had "erred in finding that an abuse of process had occurred", failing to appreciate the concerns for safety of the police officer involved.
"While police officers cannot be confidential informants in cases related to their official duties, it is appropriate that their identities be protected when they provide information obtained in their purely personal lives."
Entirely too sensible.
posted by Pieface | 6:50 PM
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