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Politics : Evolution -- Ignore unavailable to you. Want to Upgrade?


To: one_less who wrote (8003)6/30/2010 6:56:50 PM
From: average joe  Read Replies (1) | Respond to of 69300
 
Is this man innocent or guilty?

Man gets new trial in death of daughter's boyfriend

Last Updated: Wednesday, June 30, 2010 | 2:46 PM CST

A new trial has been ordered for a Yorkton, Sask., man sentenced in 2007 to life in prison for the second-degree murder of his daughter's boyfriend.

On Wednesday, the Saskatchewan Court of Appeal overturned the conviction of Kim Joseph Walker, saying Queen's Bench Justice Jennifer Pritchard should not have held a private meeting with the Crown prosecutor and defence lawyer in the middle of the trial without the accused present.

The appeal court ruled that before Walker was convicted in the death of James Hayward, the judge violated a requirement of the Criminal Code that an accused person be present for the whole of his or her trial.

At the private meeting, the judge expressed her views about the case and asked the lawyers if they had looked at options for a plea bargain.

That violated section 650 of the Criminal Code, the appeal court said.

The trial continued, and Walker was convicted by a jury and sentenced to life in prison with no eligibility for parole for 10 years.

He appealed, and on Wednesday the Appeal Court set aside the conviction and ordered a new trial.

In a statement, the appeal court said, "The criminal justice system cannot be perceived as being fair and impartial if judges are allowed to convene private, unrecorded meetings in mid-trial for the purpose of expressing their views about the substance of the proceedings and making inquiries about plea-bargaining."

During the 2007 trial, court heard that at the time of Hayward's death in 2003, Walker's daughter Jadah, then 16, was addicted to morphine and living with the 24-year-old.

Court heard Walker was worried his daughter's addiction was killing her, and according to a witness, he blamed Hayward.

On March 17, 2003, he went to Hayward's house. There was a confrontation and Walker shot Hayward five times with a .22-calibre handgun, killing him, court heard.

cbc.ca



To: one_less who wrote (8003)6/30/2010 7:42:00 PM
From: Solon1 Recommendation  Respond to of 69300
 
"My comments were more directed at the misuse of doctrine, tradition, covenants, authority, ceremony etc as an excuse to do abandon personal autonomy and responsibility for your actions"

OK.

My only point is that even rational people have a point of view. And all the logic in the world cannot remove that subjective and relative relationship to the external environment. And that little voice in my head will always speak different than the little voice in yours. But if we share a substantial commonality of values without too much culture clash or religious friction, then we should be able to co-exist in community. However, if you are a Communist and I am a fanatical Muslim...our little voices might be shouting and screaming instead of talking.

Fortunately, true freethinkers do not get bogged down in soul-destroying Dogma. Because when that happens the Dogma does the thinking--AND the "reasoning"--and the Dogma IS the little nagging voice.