Tuesday, January 25, 2011

today's hero: Justice Elliott Allen finds cops guilty of assault

Posted by Christian  |  at  25.1.11

updated below

This restores a little bit of hope. Edward Ing and John Cruz were found guilty of assault causing bodily harm while making an unwarranted arrest on a disabled man, Richard Moore. Naturally, the two thugs justification for beating up Mr.Moore, was that they were only looking out for his own good. Oh, and Mr.Moore berated them.

Edward Ing and John Cruz were stone-faced and had no comment on after Justice Elliott Allen gave his verdict in Brampton court Tuesday morning.

His injuries are consistent with being struck constantly,” the judge said, adding that he accepted the officers’ testimony that Moore was verbally abusive towards them.

“The preponderance of evidence suggests he was making venomous remarks upon his arrest,” the judge said.

The officers had testified that they were attempting to take Moore into custody on a charge of being drunk in public for his own safety, fearing that he might wander into traffic.

The judge said the officers did not have grounds for an arrest.

He noted that Moore had no trace of alcohol in his system when he was taken to hospital and that the charge of being drunk in a public place was later thrown out of court.

updated~Jan 26 2011

‘Rare’ guilty verdict for cops in police brutality case

“It’s very, very rare,” said lawyer Barry Swadron, referring to the verdict. Swadron represented Richard Moore. He's been practicing for nearly 50 years. But let's not just take his word for it. Paul Bailey, former president of the York Regional Police Association chimes in.
The outcome is notable because such accusations rarely hold up in court, said Paul Bailey, former president of the York Regional Police Association.

He estimated that 95 per cent of accusations of assault against on-duty police officers do not end in guilty verdicts.

“The vast majority of officers are either found not guilty or the charges are stayed or withdrawn,” said Bailey, a past administrator with the Police Association of Ontario.


  1. I wonder if Justice Allen would have had the courage to issue this ruling absent the fallout from the G20 and the myriad of other recent revelations of police brutality.

  2. Kev, I have no idea whether the G20 fiasco had any role in the judge's decision. But as sad as it is to admit it, Justice Allen went against the grain today if you consider how many crooked cops are excused for their crimes.

  3. The easiest thing in the world is to slag judges. There was nothing "heroic" in this judgment. So, just "how many crooked cops are excused for their crimes"? Have you got anything to back that up or are you just blowing smoke? If cops get away with misconduct you can almost always lay the blame at bent Attorneys General or Crown Counsel, but not judges. And no, the G20 fallout almost certainly had no bearing on this case.

  4. Hey, Mound. I didn't slag judges. That is your interpretation of what I wrote.

    "How many crooked cops are excused for their crimes"?

    Are you serious? RCMP. I rest my case.

  5. Mound of Sound, here is a little reading for you.

    Some other examples
    Robert Dziekanski
    Ottawa police ripping the clothes off beating and falsely charging Stacy Bonds
    The same officers caugh ton tape beating a homeless man in their custody no charges in either incident
    Darren Varley, picked up for being drunk shot to death in his jail cell by the rcmp.

    I could go on for days there are that many instances of police brutality, the laying of false charges, lying under oath and fabrication of evidence.

  6. Kev, are you off your meds? Who got to the bottom of Dziekanski? It was Tommy Braidwood, Mr. Justice Braidwood to you. Who nailed the cops in the Stacy Bonds case? That was the presiding judge. They're doing what they're sworn to do, try cases and render honest judgments. This whole post is about this particular judge being "heroic",as in extraordinarily brave, which is laughable. Too bad you don't know a few judges. I've known quite a few. Judges don't 'excuse' crooked cops even if you do harbour that delusion.

  7. Mound of Sound, please relate to me what penalties have been imposed for the crimes you reference .

  8. Again, Mound. This whole post is about this particular judge being "heroic",as in extraordinarily brave, which is laughable.

    Perhaps I didn't make myself clear enough. Or you are reading something that isn't there. I never slagged any judge, or meant this particular judge was a hero. The fact that someone, anyone, has held these yes, crooked cops to account, is a hero.

    And really, that meds crack, its beneath you Mound.

  9. Read the update, Mound. Seems cops being convicted just isn't as common as you think it is.


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