Canada

Doggy: Mr. Big sting operation still haunting Canadian judge

Analysis: Because the suspect is not in custody and is unaware that he is speaking to police, existing safeguards against self-incrimination and the right to remain silent do not apply.

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RCMP’s Mr. Big undercover tactics have confused judges despite being held responsible for numerous wrongful convictions nearly a decade after the Supreme Court of Canada warned of its dangers. I keep letting you.

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In a recent ruling, supported by Chief Justice Robert Bauman and Justice Bruce Butler, Justice Elizabeth Bennett found Gary Gary for the 1978 murders based on a confession produced by one of these elaborate undercover investigations. Handlen’s first-degree murder conviction has been confirmed.

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Crown did not pursue a second indictment in 1975 for the murder of another girl, Kathryn Hebert.

The trial judge allowed statements about Monica Jack from 2014-2015, but ruled out that confession. The Mounties played a criminal who ensnared him by committing overt crime and violence.

This decision again creates a nasty legal thicket with this controversial ploy.

Hundreds of BC crimes have been solved using this Canadian police feint, but many individuals have been wrongfully convicted.

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In 2014, the Supreme Court of Canada said the likelihood of miscarriage of justice was so high that judges should scrutinize police actions before accepting confessions to ensure traps do not catch innocent people. I got

First mentioned in a murder case in Manitoba in 1901, two detectives acted as criminal accomplices to dupe a suspect, a tactic called “vile”, “vile”. , was described as “despicable”. Nevertheless, the man was found guilty.

In the early 1990s, RCMP actively embraced this technique.especially in BC

The infamous Atif Rafay-Sebastian Burns Cross-Border Murders is based on a screenplay video of Mr. Big, who soberly discusses heinous killings.

In the United States, such evidence is considered illegally obtained, but US courts accepted evidence from Canadian police because the technique is legal here.

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This decision sparked a powerful, unsuccessful Innocence Project campaign led by unjustly imprisoned boxer Rubin “Hurricane” Carter, made famous by a 1970s Bob Dylan song.

The 1994 cross-border family murder of Rafay's parents and sister in Bellevue, Washington, by killers Atif Rafay (left) and Sebastian Burns, is based on a screenplay video of Mr. Big discussing the murder soberly. rice field.
The 1994 cross-border family murder of Rafay’s parents and sister in Bellevue, Washington, by killers Atif Rafay (left) and Sebastian Burns, is based on a screenplay video of Mr. Big discussing the murder soberly. rice field. Photo by Postmedia News File

For years, the RCMP has fought to cover up the details of the fraud, but role-playing scenarios undermine basic principles of justice, arresting innocents as often as guilty. Some criticized it as likely.

In 2013 and 2014, the 10-month long Operation Mr. Big, which included 103 scenarios, coincided with another operation on Vancouver Island where a murder trial was halted after police and prosecutors were accused. rice field.

Charges were withheld.

Mr. Big’s confession falls into a gap with the traditional rules of admissible evidence. Because the suspect is not in custody and is unaware he is speaking to police, existing safeguards against self-incrimination and the right to remain silent do not apply.

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It also has a built-in prejudice of wanting to join gangs and participate in crime.

And to claim that the confession is false “puts the defendant in an aura of disbelief.” In particular, for lewd assault in July 1969, rape in November 1971, and his second rape on September 11, 1978, he was sentenced to his 12-year prison sentence.

He remained in custody from his arrest that month until his release in 1987.

In this case, 12-year-old Jack was abducted on May 6, 1978, probably shortly after 7:00 pm, and was seen cycling home to Kilkena Reserve, north of Merritt.

Her remains were discovered 17 years later, on June 2, 1995, by a forestry crew during a controlled burning of a logging road west of Lake Nikola.

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Monica Jack was last seen riding a bicycle on May 6, 1978, near Lake Nicola, British Columbia. Her body was found north of Merritt in 1995.
Monica Jack was last seen riding a bicycle on May 6, 1978, near Lake Nicola, British Columbia. Her body was found north of Merritt in 1995. PNG

Evidence against Handlen included four written statements by a later hypnotized eyewitness, his vague Mr. Big confession, and a similar reenactment. However, there is no real evidence.

The statement entered under the exception to the hearsay rule did not implicate Handlen and only suggested that the girl may have been abducted by the man driving the camper/truck.

But now-retired B.C. Supreme Court Chief Justice Austin Cullen conceded that the confession and reproduction were “credible enough”.

Cullen’s decision was based on an analysis of Handlen’s testimony, inferences, and speculation about vague statements he concluded supported the credibility of the confession, but could not otherwise be verified. rice field.

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“Nevertheless, I am convinced that there is a question of ‘whether the evidence is correct’ in light of the circumstances in which the confession was made, the confession itself, and the corroborative evidence taken as a whole and in combination. It deserves to be heard by a jury.” …Clearly there may be some adverse reasons in this case, but in my view, in all circumstances, with proper warning to the jury, the adverse effect of admitting the evidence is It does not exceed its probative value. ”

Bennett concluded that the discovery deserves respect.

“Mr. Handlen has not shown any clear or conclusive error in the exercise of a judge’s discretion to admit Mr. Big’s statement. Indeed, in my opinion, the threshold trust between confession and reproduction is The evidence establishing the sex was very strong…it confirmed the entirety of Mr. Handlen’s confessions and reproductions, including the narrow proposition that he kidnapped and murdered Monica before disposing of her body. .”

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“Very Strong” “Reliable Enough”? respect?

Handlen did not find where the girl was kidnapped or murdered. As was the case with Hebert, the Crown would not have progressed without Mr. Big.

Shouldn’t first-degree murder be decided on evidence beyond reasonable doubt?

imulgrew@postmedia.com

twitter.com/ianmulgrew


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Doggy: Mr. Big sting operation still haunting Canadian judge

Source link Doggy: Mr. Big sting operation still haunting Canadian judge

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