“Chief slams suspect’s bail
Accused too often get the benefit of the doubt at the expense of public
protection, he insists.”

Amen Chief, Thank you!

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Chief slams shooting suspect’s bail
Date: Oct 26, 2006 9:05 AM
PUBLICATION: The London Free Press
DATE: 2006.10.26
EDITION: Final
SECTION: News
PAGE: A1
ILLUSTRATION: 1. photo of MURRAY FAULKNER Reacting to the release of a
suspect after four shot in core. 2. photo of GORD CUDMORE
BYLINE: JANE SIMS, FREE PRESS JUSTICE REPORTER
WORD COUNT: 791

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——–

Chief slams suspect’s bail
Accused too often get the benefit of the doubt at the expense of public
protection, he insists.

————————————————————————
——–

London’s chief of police says the justice system keeps giving accused
people the benefit of the doubt at the expense of the public’s
protection.

“In many cases, it does,” a disappointed Chief Murray Faulkner said
yesterday.

He was reacting to the release on bail of a 23-year-old man accused of
shooting four people in the city’s downtown on Thanksgiving weekend.

Faulkner said he wasn’t surprised Ahmed Moalin-Mohamed was released
Tuesday to live with his mother in Toronto. “I see this time and time
again,” he said.

The justice system too often releases people on bail awaiting trial
despite long records or alleged participation in a violent crime, he
said.

Faulkner’s comments sparked strong reaction from London’s legal
community who said the justice system must respect the fundamental
principle of innocence until proven guilty.

Yesterday morning, Faulkner made similar comments on Andy Oudman’s radio
show on CJBK1290.

London defence lawyer Gord Cudmore responded on air.

“That is the basis of our entire criminal justice system that we give
accused the benefit of the doubt because of the great fear of sending an
innocent person to jail,” Cudmore said later.

Society seems to pay lip-service to that right, he said. “I will
guarantee you the people who are upset with this guy being released are
those who think he’s guilty.”

In some cases, people need to be kept in custody while they await trial
because they are a risk to the public or a risk to flee, Cudmore said.

Four men were injured when shots were fired in a parking lot at Carling
and Richmond Streets at about 3 a.m. on Oct. 7.

Moalin-Mohamed faces 13 charges, including attempted murder, in
connection with the shooting. He has no criminal record.

He presented the court with a plan of release ensuring he would be in
the care of his relatives in Toronto acting as sureties for him, follow
a curfew and abide by a promise not to come into Middlesex County except
for court.

“If you want . . . to say we don’t give the benefit of the doubt to the
accused, we’re gong to have a police state where people are charged and
you prove you didn’t do anything wrong,” Cudmore said.

Jack Hardy, president of the London Criminal Lawyers Association, said
the presumption of innocence is “the cornerstone of our justice system.”

“It’s a principle of a free a democratic society,” he said.

He noted wrongly accused Guy Paul Morin spent 18 months in jail “and was
completely innocent,” in the murder of Christine Jessop.

But Faulkner said the courts must begin to look closer at the protection
of the public and the victims as well as the rights of the accused.

“Perhaps when people are allegedly accused of firearms offences when
people are shot a greater emphasis has to be placed on that,” he said.

Faulkner said if the police didn’t think they had a strong case against
Moalin-Mohamed, they wouldn’t have arrested and charged him.

Faulkner asked if there was any justice for the four people wounded.
“They just happened to be walking along minding their own business when
somebody fired off a handgun, regardless whether it’s on videotape.”

The chief said he understands the system is not perfect. “But I think
this was a case bail shouldn’t have been granted from a protection of
the public point of view. ”

And that protection should be paramount in cases of gun violence such as
this one. “And when we’re dealing with firearms and a far more violent
society than ever before, our courts need to look at that.”

Faulkner said he hopes the Crown will appeal the decision.

And he hopes, for Moalin-Mohamed’s and the public’s sake, he follows his
bail conditions.

“Let us hope there is no violations. Allegedly some significant violence
happened in our streets with a firearm, and prior to the trial, the
victims would feel safer and the community will feel safer (if he was in
custody),” he said.

“That is the basis of our entire criminal justice system that we give
accused the benefit of the doubt because of the great fear of sending an
innocent person to jail,” Cudmore said later.

Society seems to pay lip-service to that right, he said. “I will
guarantee you the people who are upset with this guy being released are
those who think he’s guilty.”

In some cases, people need to be kept in custody while they await trial
because they are a risk to the public or a risk to flee, Cudmore said.

Four men were injured when shots were fired in a parking lot at Carling
and Richmond Streets about 3 a.m. on Oct. 7.

Moalin-Mohamed faces 13 charges, including attempted murder, in
connection with the shooting. He has no criminal record.

He presented the court with a plan of release ensuring he would be in
the care of his relatives in Toronto acting as sureties for him, follow
a curfew and abide by a promise not to come into Middlesex County except
for court.

“If you want . . . to say we don’t give the benefit of the doubt to the
accused, we’re gong to have a police state where people are charged and
you prove you didn’t do anything wrong,” Cudmore said.

Jack Hardy, president of the London Criminal Lawyers Association, said
the presumption of innocence is “the cornerstone of our justice system.”

“It’s a principle of a free and democratic society.”

Hardy noted wrongly accused Guy Paul Morin spent 18 months in jail “and
was completely innocent,” in the murder of Christine Jessop.

But Faulkner said the courts must begin to look closer at the protection
of the public and the victims as well as the rights of the accused.

“Perhaps when people are allegedly accused of firearms offences when
people are shot, a greater emphasis has to be placed on that,” he said.

Faulkner said if the police didn’t think they had a strong case against
Moalin-Mohamed, they wouldn’t have arrested and charged him.

Faulkner asked if there was any justice for the four people wounded.
“They just happened to be walking along minding their own business when
somebody fired off a handgun, regardless whether it’s on videotape.”

The chief said he understands the system is not perfect. “But I think
this was a case bail shouldn’t have been granted from a protection of
the public point of view.”

That protection should be paramount in cases of gun violence such as
this one, he said. “When we’re dealing with firearms and a far more
violent society than ever before, our courts need to look at that.”

Faulkner said he hopes the Crown will appeal the decision.

And he hopes, for Moalin-Mohamed’s and the public’s sake, he follows his
bail conditions.

The Second Amendment IS Homeland Security !