Charges dropped against Michael Bryant

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writer writer's picture
Charges dropped against Michael Bryant

Breaking news.

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writer writer's picture
writer writer's picture

"Richard Peck, a prosecutor brought in from British Columbia in the case against Bryant, told a Toronto court Tuesday morning there was no reasonable prospect of conviction."

Read more: http://www.cbc.ca/politics/story/2010/05/25/bryant-sheppard-charges943.html#ixzz0owzMEqtL

Sineed

Nothing on the bike blogs about this yet.

Shows how the "get tough on crime" agenda is about putting poor people in jail rather than actual justice.

remind remind's picture

from the Star article

 

"He added the decision was his “mine and mine alone"

 

Of course it was,  no need to explain that ya'll stand together in destroying the world.

Maysie Maysie's picture

I'm so angry I can't form a coherent thought so I'll just post links to the EIGHT threads that babble had back at the time of Bryant's deliberate reckless behaviour that killed a young man.

Part 1   Part 2   Part 3   Part 4   Part 5   Part 6   Part 7   Part 8

Fuck.

I guess it's a good thing that this sort of shit still outrages me, but still.....

NDPP

We already know how it really works...

this is just the latest, local example

it's time for a rising...

Frustrated Mess Frustrated Mess's picture

How nice to be rich and well connected.

writer writer's picture

More details here: http://news.nationalpost.com/2010/05/25/criminal-charges-against-former-...

It seems completely unacceptable and I think there are going to be thousands of people across Toronto, not just cyclists, who are going to be extremely disappointed in the justice system for this outcome,” said Yvonne Bambrick of the Toronto Cyclists Union.

“I can’t predict how it will be perceived other than sending the message that it’s okay to kill someone with your car. It’s just as much a weapon as a gun is,” she said. “There has to be repercussions other than losing your job,” she said.

remind remind's picture

Ya, like Sheppard "smashed against a tree" himself, ffs, wonderful how Navigator works eh.....

 

Complicit medi too....CBC should be destroyed

sanizadeh

The prosecutor is right on one thing: there is no reasonable prospect of conviction... when the whole police and judiciary aparatus are working hard together to smear the victim and save the accused. 

Sineed

From the NP article in writer's link:

Quote:
Toxicology tests on Mr. Sheppard revealed he had a blood alcohol level that was more than twice the legal limit the night he died. The cyclist’s blood alcohol level, which was measured after he died, was 0.183.

*sigh*

Has nothing to do with Bryant not taking his foot off the gas.  And nothing to do (as we said exhaustively on those threads) with the responsibility of the car driver to dial down a confrontation.

farnival

so....accepting that this is an outrageously predictable and offensive outcome to this horrific incident, and it was pretty much expected, what now?  What should be done to prevent ANYONE from using their vehicle as a weapon to run down someone on a bike, drag them a few blocks knocking them against street furniture until they're dead, leave the scene of the crime, and finally, not be breathalized at the scene?

If there was "no reasonable prospect of conviction" in a case like this, then clearly the laws governing such a situation are inadequate and must change, and so must those governing those laws because clearly their competence as lawyers, police and legislators is inadequate as well.

shame.

 

Frustrated Mess Frustrated Mess's picture

Clearly nothing can be done. The rich and connected are exempt from law. If only Jefferey Dalmer had lots of cash and friends in high places dining on children would be acceptable too.

Stockholm

...or maybe the FACTS (ie: video evidence and eyewitness accounts) simply indicated that there was no case against the defendant. Sometimes a cigar is just a cigar.

Frustrated Mess Frustrated Mess's picture

Yeah sure. The facts. Yeah, right. And maybe the cocaine in Jaffer's car was really just a cigar. Undecided

Maybe the most salient facts are that Bryant is rich, connected, and white and he killed a delivery boy. If it was reversed, if the delivery boy riding in his 1989 Pontiac Sunbird killed Bryant on his $7,000 road bike with all other circumstances being equal, would the he be walking free as a jay bird right now? Not fucking likely.

 

Stockholm

Charges get dropped against people from all walks of life all the time. If it had been anyone other than Bryant there is a good chance that charges would never have been laid in the first place.

Just because you don't like someone's politics doesn't mean that they are automatically guilty of a crime. That is for the police and the justice system to determine.

writer writer's picture

Quote:
Bambrick questioned why it mattered that Sheppard's blood alcohol level was twice the legal limit when he was struck and killed.

"What difference does that make?" she asked. "(Bryant) is in a car, he's got lots of options. "There is always a choice to make and he made the wrong choice in this case and it resulted in a death."

Bambrick also worried about the precedent the case sets.

"What kind of message does that send to drivers?" she said.

Derek Chadbourne of Advocacy Respect Cyclists (ARC) questioned why past reports of Sheppard's angry encounters with motorists should factor into the Bryant case.

He asked why Bryant's history of being a fighter wasn't raised in the case.

">http://www.torontosun.com/news/torontoandgta/2010/05/25/14081501.html[/q...

Fleabitn2

Use your car as a Weapon, GO TO JAIL.

Fleabitn2

@stockholm

anyone who has seen the video knows this was a crime, and the criminal just walked.

Notice the newspaper items still spinning this incident in the well-connected criminal's favour.

 

Mr. SHeppard's crime was being a poor asshole on a bike. Is that a capitol offense?

Frustrated Mess Frustrated Mess's picture

Stockholm wrote:

Just because you don't like someone's politics doesn't mean that they are automatically guilty of a crime. That is for the police and the justice system to determine.

What a silly premise. No one said that he is guilty. That is what a trial is for. Something he will never have to face because he is exempted by his status and privilege, and, as such, the justice-for-the-rich system just preempted any such inconvenience for Mr. Bryant.

Stockholm

You entitled to your conspiracy theories if they make it easier for you to get up in the morning. I'm more interested in the facts.

writer writer's picture

Had Steven Truscott been hung, it would have been an example of the smooth operating of our criminal justice system, too. Because, you know, it does no wrong. That's just the facts.

Frustrated Mess Frustrated Mess's picture

Actually, Stockholm, you'e not interested in facts at all. If you were, you, as would any fair minded individual, support the trial that would normally follow police charges in such a case. Instead of the evidence being presented in an open court with cross-examination of witnesses, Mr. Bryant was allowed a private hearing, and an intereview with the presiding judge and jury, and all of that messy business was done away without any judicial or public oversight. How nice.

Your use of the words "conspiracy theory" to describe uncontested facts highlights your own arrogance and ignorance neither of which are strangers to you.

Frustrated Mess Frustrated Mess's picture

Quote:

Clearly, it is in the public interest, given what we know about the nature of the incident and the fact Bryant is a high profile person of some influence, for justice not only to be done, but to be seen to be done. And that would mean a trial for Bryant before a jury of his peers to let the chips fall where they may.

Even if Bryant were found not guilty, at least the public would have some confidence that the legal test of beyond a reasonable doubt was met followed in court.

http://www.nowtoronto.com/daily/story.cfm?content=175131

writer writer's picture
Boom Boom Boom Boom's picture

Will there be a protest against this farce of an outcome?

writer writer's picture

5:30 today at the site where the cyclist was left to die. More to come, I'm sure.

farnival

globe poll: Do you agree with the Crown's decision to withdraw charges...

 

feel free to express yourselves.

Fleabitn2

"Peck said in court that the decision not to pursue the case was "mine and mine alone."

 

This is what passes for justice in Canada.

Read more: http://www.cbc.ca/politics/story/2010/05/25/bryant-sheppard-charges943.html#ixzz0oy82UeVp

farnival

some context to "Peck said in court that the decision not to pursue the case was "mine and mine alone."

 

as writer posted September 3, 2009:

 

Richard Peck

  • Vancouver Silver Gloves Boxing Champion (1971)
  • He graduated  from the University of British Columbia Faculty of Law in 1974, was called to the Bar of British Columbia in 1975 and is also a member of the Yukon bar.

(CV of Richard Peck, QC – Taman Inquiry)

  • Special Prosecutor Richard Peck, speaking at the Taman Inquiry, answering questions about another special prosecutor in another case. A special prosecutor who was normally a defence lawyer. Read. Weep. (http://www.ngnews.ca/index.cfm?sid=158585&sc=503)

Michael Bryant

  • Raised in the Greater Victoria area of BC
  • Father, Ray, was mayor of Esquimalt in the late 60s
  • Received a Bachelor of Arts degree from UBC in 1988, and a Master's from the same institution in 1989
  • ... a man who's been a boxer since the age of 10 in Victoria, B.C. “I loved it from the start. It didn't matter how big you were, you could get in the ring and compete against people your own size. Plus, it's pretty primal. And it also assisted in giving people the wrong impression that they better not mess with me – which, mercifully, was rarely tested.” (Globe and Mail)
  • His father, a lawyer as well, was mayor of Esquimalt, B.C., and much of Michael's intellectual development as an undergraduate at the University of British Columbia and later as a law student was shaped by the struggle for aboriginal rights ... (Globe and Mail)
  • Political Heroes: His father, Ray Bryant, and his grandfather, James Bryant, a mayor and a municipal council member, who turned vacant lots into community centres, and garbage dumps into parks. (Toronto Star)

Ray Bryant

 

thank you writer.

 

Sineed

farnival wrote:

globe poll: Do you agree with the Crown's decision to withdraw charges...

 

feel free to express yourselves.

Thanks for this, farnival!  It's fairly evenly matched as of this writing, the Yes votes slightly edging the No votes.

My husband will be biking from Toronto to Sarnia in a couple of wks - this verdict, and the reactions on the MSM boards, don't fill me with confidence for the respect car-drivers have for bikes.

Scott Piatkowski Scott Piatkowski's picture

More Jaffer justice.

kropotkin1951 kropotkin1951's picture

In BC we have a real Special way of doing justice.  Lawyers who donate money to the ruling party get appointed to investigate the movers and shakers from the party.  Bryant got the BC Special like Heed and others here.  For law firms it is apparent that donating to the corrupt Liberals is a very good investment leading to far more government work than the original donation amount.  This is the BC equivalent of the ads-cam.  Money in to LIberal war chests. Inflated contracts out to the law firms.  Not advertising agents out here but law firms. 

So Stockholm does this not raise any concern for you about the independence of the judiciary when politicians are investigated by people who financially supported them?

Quote:
Records reviewed by the Vancouver Sun reveal seven special prosecutors other than Terrence Robertson have donated to the B.C. Liberals or work for firms that have donated.  

Lawyer: Richard Peck

Case: Appointed in 2007 to review polygamy in Bountiful.

Donations: Peck's firm Peck & Company donated $1,000 to Liberal candidate Wally Oppal's campaign in 2005.

 http://www.vancouversun.com/news/Special+prosecutors+donated+much/2993164/story.html#ixzz0oyBU0Sxf

 

Stockholm

Did he give mony to the Ontario Liberals?

kropotkin1951 kropotkin1951's picture

Stockholm wrote:

Did he give mony to the Ontario Liberals?

Are you trying to imply that no BC Liberal has any connections with any Ontario Liberal.  I see now, nothing to worry about that lawyers with ties to the same party are investigating Ontario Liberals as long as they are from out of province.  

As always it seems you have avoided the thrust of the question. Tell me do you think the practice of hiring political supporters to investigate claims against politicians is a good one? 

remind remind's picture

LMAO @ stock

Life, the unive...

After Sheppard "latched onto the vehicle," it veered left and continued west in the oncoming eastbound lane. Expert analysis conducted by Crown and defence investigators determined the car was travelling in the range of 34 kilometres an hour, in contrast to eyewitness accounts that it was driving between 60 and 100 km/h.

 

Here is another example of inconsistency. Name one case where the Crown has extra special investigators- not the police - do an investigation on physical evidence and then over-ruled the police investigators - who are after all the experts on crime scene and traffic accident reconstruction. Something does not smell right here at all.

Stockholm

I think the BC Liberals have more ties to the Ontario PCs and the federal Tories than they do to the Ontario Liberals.

 

farnival

Peck's analysis quoted in the Vancouver Sun:

 

 

"...Bryant drove to a nearby hotel with his wife. Three minutes later he called 911. He also told a doorman that he was the victim of an assault by a cyclist, but that he had "roughed him up pretty good," the court heard..."

 

so...he left the scene of an accident (itself a crime), not knowing how much damage he had done, then bragged about it to the doorman.   and that's not chargeable?

wtf?

remind remind's picture

did ya not read their association is personal through BC boxing circles and shared educational facility

Catchfire Catchfire's picture

From farnival's Vancouver Sun link:

Quote:
"This has turned out to be a tale about addiction, mental health, an independent justice system and a couple out on their wedding anniversary driving home with the top down," Bryant said.

"It is not a morality play about bikes versus cars, couriers versus drivers or one about class, privilege or politics. It's just about how in 28 seconds, everything can change."

Bryant indicated he is not sure what he will do next. "I do not know what the future holds. I have bills to pay. I want to go back to work," he said.

Better if he had said nothing.

Tommy_Paine

 

Words fail me.

 

I wish this was something I could lay my bare hands on.

 

Life, the unive...

The thing is that we will never know how drunk Bryant might have been thanks to deferential police treatment for the well heeled amongst us.  Having admitted to being out and 'celebrating' the possibilty remains that Bryant was well over the limit himself.  It is probably true that there was no reasonable conviction of some of the charges thanks to very shoddy and deferential police actions, such as neglecting the basic step of a breathalyzer test.  However, careless driving should have been a very easy conviction as there is no intent component, only actions.  That this was not even pursued says a great deal about how our justice system works.  And it ain't pretty.

 

When Bryant hit his brakes, the vehicle stalled. Peck said Bryant was trying to get away and attempted to get his car started when it stalled again, causing it to lurch forward. That was when "Mr. Bryant's vehicle came close to or in contact with the rear wheel of Mr. Sheppard's bike," Peck said.

 

http://www.thestar.com/news/gta/crime/article/813872--prosecutor-why-charges-against-bryant-were-dropped?bn=1

 

This is from the Toronto Star article. It defies logic. A vehicle stalling is rare enough, especially if one is not been drinking, Bryant stalling the vehicle and then "lurching forward" and striking someone shows a complete lack of control of your vehicle or a complete falsehood.  You could only lurch forward with stalling if it was in gear - and on a modern Saab with saftey features it would be nearly impossible.  On its very face the story as reported by the special person brought in, doesn't add up, but it is clear the benefit of the doubt went to Bryant without even a trial to verify the stories. If this was any other poor working slob the book would have been tossed at them. Special treatment doesn't even come close to describing this. Bryant and Jaffer should start a get out of jail free company in their post run in with the law careers.

ss atrahasis

"I do not know what the future holds. I have bills to pay. I want to go back to work," he said.

------

 

Well, there is no more room in the Public Service for the likes of this scumbag, no room in public office, nothing. Head to the private sector and never be heard from again, douchebag. I hope this guy realizes this.

I know karma is pie in the sky, but somedays it`s all good people can hope for.

Maysie Maysie's picture

Argh.

....

ss atrahasis, don't use the term "douchebag" on babble. Thank you.

remind remind's picture

you coulda said that without the sexism

ss atrahasis

Apologies. Never considered. Thanks for catching. Won`t happen again.

Maysie Maysie's picture

Thanks ss atrahasis.

ss atrahasis

Normally I`m pretty good at not being `sexist` that one just hopped out. I had just seen the interview over supper with Byrant, and could still taste his disingenuousness- `This is not about cars vs bikes, class and privelege or politics...`he says narily blinking or emoting.

Fidel

There are two sets of laws in Canada - one for the privileged class and another for everyone else.

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