The Scales of Justice is old as time itself and will eventually catch up with a suspect. A judge, like Budzinski, will later determine guilt.

Last month we were discussing expert evidence and its dangers. Before we see the expert’s role in a murder case, we need to understand the concerns for this type of evidence.

Experts, if qualified, are the few witnesses allowed to express opinions on matters beyond the knowledge of the ordinary citizen.

Opinions on mental competency, cause of death, accidents and child abuse are examples. The average witness can opine on
simpler matters of everyday experience like speed, anger, and identity.

Yes! Identity is an opinion made from interpreting a combination of distinct observations such as hair, colour, characteristics like scars and configuration of the facial features. You need to explain why it’s the same person. Identity is also the largest
cause of wrongful convictions. Opinions on intoxication are border line where the average citizen’s knowledge and the expert’s ability can both express some opinion regarding the effect.

Courts have always regarded expert evidence with caution, recognizing that a jury may place undue weight on it. The expert must establish their field of study is recognized by
showing an understanding of the field beyond the ordinary person: membership and standards in a professional organization, recognized academic qualifications, research or
experience in the field and such.

The expert then has to objectively set out the facts, leading to their opinion, both pro and con. Objectivity is the foundation of science. It’s important to offset “confirmation bias” –
where your belief determines how you filter and view the facts.

Lastly, they must set out the theory they are applying to their facts and why. That theory must be widely accepted by the
field , tested and verified, not one held by a few contrary. Their duty is to the court. The court is gate keeper and not a peer review panel to decide which is the best science. The court must avoid dealing with ‘dueling theories’, that’s for the scientists.

Of course, their bias can be questioned such as who is paying their fees. If their assumed facts or the expert’s interpretation of them aren’t proven or accepted by the jury, they can reject
the opinion.

In our case, the issue was with the first girlfriend, denying knowledge about the murder she phones the police after a year. We had no idea she was there. Her evidence fit the facts but
still we questioned her motive, jealousy or honesty. We had a circumstantial case, a recent insurance policy and the accused’s lies to the police. We were concerned the trial would be
about her clouding the real issue, the murder.

We also had the duty of presenting all reliable evidence. What was her explanation? Was it trustworthy? Was she an accomplice? We felt it morally wrong for a Crown Attorney to call any witness we doubted.

Also, without moralizing, it is important to re-enforce your case from attacks that she recently fabricated her evidence.

It is always a delicate area for a Crown to questions its key witness’s motive. When the Crown questions their testimony or asks for an explanation they feel you are against them and they
lose trust in you. It was my responsibility to ensure respect and confidence in witnesses, it is also my responsibility to avoid wrongful convictions.

It becomes even more difficult when the key witness is a complainant but that‘s another story for another time.
We retained a psychiatrist. We needed to know why she came to us so late? Was it to seek retribution, or a legitimate inability to live with the event?

The psychiatrist’s evidence would not be available for trial unless the defense suggested she had recently made up a story; otherwise believability is solely a decision for the Jury but it would fulfill our duties. The murder story continues next month.

Judge Lloyd Budzinski retired after 28 years and was a former Crown Attorney, Defence Counsel and Ontario’s Assistant Deputy Minister of Criminal Law.
He was Chief Prosecutor in the high-profile trial of former RCMP officer Patrick Michael Kelly, who was found guilty of murder for throwing his wife from
the 17th floor balcony of their Palace Pier condo in March 1981.

        The Salvation Army in Long Branch says it has been hit hard
by COVID-19 and is seeking donations of cash and food to
help area residents in need.
It warns that the demands are high for those using the food
bank, and only five people can be inside the building at one
time. Users are asked to call ahead.
“Many people have been laid off or had their hours cut due to the virus,” says Youth Pastor Jennifer Hibbs. “We also
have many people working at home and their families are not
at school.”
The more than 150-year old organization had its largest fundraising event, the Salvation Army’s Christmas Kettle Campaign, cancelled after three days due to the pandemic.
Hibbs says the Salvation Army is resuming its Community
Lunch that takes place every Wednesday from 11 a.m. to 1
p.m. at the Thirthieth Street facility.
The Salvation Army was founded in London, England in
1865 by Rev. William Booth and his wife, Catherine. The organization started in
Canada in 1882. The Lakeshore Community Church is an amalgamation of the
Long Branch Corps and the Mimico Corps, formerly on Mimico Ave. More than
300 families receives their services monthly and 800 plus families receive Christmas assistance each year from the Long Branch chapter, located at 5 Thirtieth
Street, and can be reached at 416-251-8372. Donations can be left at the church.

Cpl. Dyer and his colleagues were killed by so-called friendly fire in Afghanistan almost 19 years ago.

Gone but not forgotten today is Corporal Ainsworth Dyer, his three colleagues, and the thousands of other brave men who gave their lives for our freedoms.

This April will mark 19 years since Toronto’s own Cpl. Dyer, and three others, were taken away from us due to ‘friendly fire’ by a U.S. flight crew in Afghanistan.

Popularly known as “Ains” by his family and friends, Dyer, was born in Montreal but grew up in Regent Park, where was raised by his strict Jamaican grandmother, who instilled in him his culture and a strong sense of right and wrong.

He was a long way from home in a foreign land, when he, and three other Canadian soldiers, were killed on April 17, 2002 by a U.S. bomb fired by anonymous pilots from high above.

The tragedy, which is referred to as The Tarnak Farm Incident, injured eight other soldiers from the 3rd Battalion Princess Patricia’s Canadian Light Infantry (BPPCLI). The men never had a chance as a U.S. F-16 fighter jet piloted by an Air National Guard dropped a laser-guided bomb as they were conducting a night-firing exercise.

The deaths of the soldiers were Canada’s first during the war in Afghanistan and the first in a combat zone since the Korean War. The senseless killings sparked a period of national grief and sorrow from people across the country.

Cpl. Dyer, who was a proud member of the 3rd Battalion was buried with full military honours in the Necropolis Cemetery in Cabbagetown, where his grieving parents, in a touching and emotional moment, released a box of doves. He was only 24.

‘Ains’ was the proud son of the late Paul and Agatha Dyer. He knew at the age of six, as a boy growing up in downtown Toronto that he wanted to serve his country as a soldier.

As others joined hockey or soccer, he enrolled with the 48th Highlanders of Canada in 1996 as an Infantryman and was later transferred to the Regular Force in 1997. After completing Infantry Battle School, he was posted to Princess Patricia’s in 1998, where he served as a Rifleman in Operation Palladium; a peacekeeping mission to Bosnia-Herzegovina in 2000.

A great athlete, Dyer was also a paratrooper who took part in a strenuous Mountain Man military fitness competition, which involved a canoe portage, a 31.6-km footrace and a 10-km river paddle.

“The guy kept it real; there was nothing fake about this guy at all,” recalled Daryl Bonar, a former soldier who served with Dyer and the three others killed. “He never had a bad thing to say about anybody.”

Bonar said Dyer once completed an arduous military Mountain Man race with a broken foot.

“The race involved a long run with a heavy pack sack, portaging a canoe and a final sprint,” he reflected. “He was so determined to finish that he crawled across the finish line.”

After service in Bosnia, the deeply-religious Dyer, and his mates, were deployed to Kandahar, Afghanistan, as part of Operation Enduring Freedom.

Before shipping out, ‘Ains’ had fallen in love and proposed marriage on bended knees to his Edmonton sweetheart, who promptly accepted. However, he never did return home alive.

A plaque bearing the names of Dyer, Sgt. Marc Léger, Pte. Richard Green and Pte. Nathan Smith was placed in a memorial at the Canadian headquarters at Kandahar Airfield. In February 2003, Dyer was commemorated on the Rakkasan Memorial Wall at Fort Campbell, Kentucky.

Family members are proud that one of the 117,000 trees being planted as part of the Highway of Heroes Living Tribute will represent the sacrifice that Cpl. Dyer made to serve and protect Canada.

The Ainsworth Dyer Memorial Bridge in Edmonton and a laneway in the Cabbagetown area of Toronto have been named after the courageous corporal.