JUSTICE WILL TRIUMPH IN CARLOS CASE(a self-defence commentary published by Yukon News, August 30, 2000,
by Jane Gaffin |
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A letter, headed "Debate May Resolve Divisive Issue", by Paul Rogan in the August 23, 2000,issue of the Whitehorse Star was a direct response to Dan Otterbein's letter in the August 11 News headed "Reporter Biased". Chief firearms officer Otterbein did not attend the trial of Allen Carlos on July 26, 27 and 28 2000, except to breeze in and out during a recess to talk with the Crown prosecutor David McWhinnie and RCMP officer Wayne Gork. Futhermore, Otterbein didn't write the letter in response to my August 7 article, "Justice Served Up Yukon Style". At this time, I will not be releasing the name of the ghost writer. He can squirm a while. His name will eventually be revealed because he is looking for a retraction from The News" and also intends to sue me for defamation. Due to his public position, he felt restricted by what he could write in the paper under his own moniker. But he didn't feel restricted by what he could say over the phone. I instructed him on how to rebut my article. It's common practice in the newspaper business for a public servant to write a letter and attach someone else's name to it. I even gave instructions on how to seek a retraction from "The News". What the caller expects in the way of compensation is beyond me. But it will be interesting to see whose integrity remains in tact after we hash out who did what to whom in court. Since this is the first of many fallouts expected as a direct result of the Carlos case, I've already had offers of financial support. The letter writer claims I disrespectful to the police and to the judiciary. I don't like to be disrespectful to the two sacred institutions. In fact, less than a year ago, I commended the police in print. The RCMP once ranked among the top three laws enforcement agencies in the world. A Saskatchewan letter-writer (to the Star), who is following the Carlos case from afar by Internet, wrote: "The RCMP were once a respected and fine organization. That is not so today. "Beware of them, as they are no longer the respected friend of the average citizen. "They are now an instrument of the government, to be used as they, and their political masters, see fit." A retired Mountie offered some sage advice, too: "The police and the judiciary have to earn their respect," he told me. Anybody who sat in on the Carlos trial will know that the performances of the police and judiciary were disgraceful. They've been caught red-handed and now are crying foul. "Sometimes we have to do the right thing for Mr. Carlos and everybody else in this country," defence lawyer Richard Fritze told the court. The deputy judge jolted, as though she was shocked by the reason we were gathered in the stuffy little room that overflowed with Mr. Carlos' friends. Or maybe she though Mr. Fritze's statement was impertinent in this day and age. What I wrote flowed from what I heard and observed in a public forum. I have lots of witnesses to testify to what unfolded in the courtroom. A red flag went up with me when the caller denied that certain information would be found in the public record. The court reporter, clerk of the court and transcribers do not have licence to edit court proceedings. The defence side of the equation will be watching like a hawk to ensure none of the transcript has been altered. I cautioned the caller about interfering with the freedom of the press, which also is a sacred institution in this country. And I reminded him there is no publication ban on the case. For added measure, i reference the Criminal Code, a document from which the Otterbein-ghost-writer combo likes to draw. Sections 308, 309 and 310 give me the licence to make fair comment on a public person and a public meeting for the benefit of the public, which is exactly what I've done. A public outcry has been heard. Mr. Carlos does not have the opportunity to meet his accuser(s) in court, which is the way justice used to be served. To defend himself against a trumped up search warrant and defeat the criminal gun-related charges will cost up to $20,000. The ordinary person cannot afford justice. That is disgraceful and is the reason the police and the judiciary have been getting away with so much lately. They expected Mr. Carlos to plead guilty, pay a fine and shut up. He would have a criminal record attached to his impeccable name in perpetuity. He dug in his heels tenaciously. Gun owners and non-gun owners rallied. The Responsible Firearms Owners Coalition has established a trust fund for the Carlos family. And the established will be staging a fund-raising event on September 27, 2000. This event is where Mr. Carlos gets his real day in court. He will be the keynote speaker. I can hardly wait! Hopefully, the audience will hear details surround the bogus complaint and scurrilous search warrant that the deputy judge wouldn't allow heard in court because it isn't part of the criminal charges (firearms storage infractions). P.S.Carlos was acquitted; Crown appealed, acquitted again; Crown appealed, and now he's headed for the Supreme Court of Canada, in mid-April 2002 and facing a hefty pricetag to keep up this circus, while the Crown operates on unlimited amount of financial and human resources. (See forthcoming article Dodging Shrapnel in War on Words with Supreme Court.) A trust fund for Allen Carlos has been set up at the Bank of Montreal. All donations to account number 8075-985 will be gratefully accepted. For more information phone Paul Rogan, president of the Responsible Firearms Owners Coalition, Whitehorse, Yukon, at 1-867-668-5609 or e-mail firearms@yukon.net. -- 30 -- Copyright 2004 diArmani.com |