Ret. Judge Lloyd Budzinski weighs in on many subjects.

From the Bench
By Retired JUDGE LLOYD BUDZINSKI

I want to talk abut expert evidence and the Judicial role.
Today we read about different views of psychiatrists as to whether someone had a limiting mind to such a degree that it can afford a defense. In criminal law a person needs to intend his actions, consequences and appreciate what they are doing as wrong.
It is called Mens Rea.

The problem has arisen in other matters associated with a witness’s reliability over time to recall events accurately such as historical incest cases where the complainant is challenged that her recall of the events some 20 years ago, when she was 8, is unreliable. Courts must be very careful how they use this type evidence. It is dangerous and can lead to wrongful convictions or mistaken acquittals.

This matter became significant to me, as a Crown Attorney, when prosecuting a former undercover Police Officer for murdering his wife. We will call him Mr. X. The Crown belief was that he pushed her from the 19th floor of the Palace Pier. He was convicted and sentenced to life imprisonment with no parole for 25 years. The theory was that he had a lover; wanted to marry her and needed money. He recently had purchased an insurance policy for his wife.

The problem is that he had two sweethearts. One with whom he had shared his plans for money. Ms. A and the new one, Ms. B, whom he preferred and wanted to marry. His wife refused a divorce citing she ‘knew too much’ about his criminal behavior as a police officer.

The marriage would silence the new lover but to silence the Ms. A, he needed something else to keep her silent. So, he invited her to his apartment while he confronted his wife. The purpose was to have Ms. B involved with the murder so that she, thinking herself an accomplice, would be too frightened to testify against him. A technique he learned as an undercover officer. Gangs would often ask a newcomer to commit an offence to verify their sincerity to the team.

He was right, when she was originally interviewed by the police she provided no information of what she had witnessed as his wife was pushed from the balcony.

I want to caution the reader, this was the Crown’s theory, alleged by the evidence but what are the facts the jury drew from the evidence to convict him will never be known.

Was it, Ms. A’s testimony or the circumstantial evidence or both, one supporting the other? I like to think it was the last. Juries are not allowed, unlike the U.S., to discuss their reasons. Unlike a judge who must articulate his findings. A jury simply makes a finding “beyond a reasonable doubt that a planned and deliberate murder was committed”.

The police had investigated the case for several months and were ready to lay charges based on a load of evidence, but all circumstantial including: a number of alternative explanations he gave to the police and various friends that were different.

The one to the police was essentially, that “she was on a stool trying to fix a rattle on the ceiling edge, near the railing when he heard a scream and ran to the balcony but she was over the rail as he tried to put his arms around her but she fell, he couldn’t hold on. “

The police had conducted forensic testing, expert evidence, but were never able to verify his statement the time and distance made the defendant explanation impossible.

Of course, there was the classical motive, money and a lover, lovers? At this time, we didn’t know there were two.

Now I started, by talking about expert evidence and have digressed to this example trying to provide some background to The care lawyers and judges must use in dealing with experts to illustrate my point.
Well, it’s going to take longer than I thought. Let’s leave the story here. We will continue next time when I tell how the first lover, months later, came forward. Stay tuned. Feel free to send an email to the newspaper if you have any legal questions for the judge. You can reach him at thesouthetobicokenews.gmail.com

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.

TORONTO POLICE CONST. Matthew Saade, salutes the half-mast flag, in tribute to his former partner, Sgt. Andrew Harnett.

Officers of 22 Division have joined their Canadian police colleagues in mourning the loss of Calgary policeman Andrew Harnett, who was killed on New Year’s Eve in a hit and run crash.

For Toronto Const. Matthew Saade, who now works at 51 Division, it was a emotional time as he has previously worked with Harnett, who has been working as a Calgary cop for 12-years.

Sgt. Harnett, 37, was his partner for six years during his stint in Calgary.

Saade was photographed saluting the Canadian flag, which has been flying at half-mast outside the downtown station.

Toronto Police Chief Jim Ramer, on behalf of his officers, expressed condolences to Harnett’s family.

“I want to express our deepest condolences to family, friends and colleagues of Sargent Harnett,” the Chief said.
A police webpage was filled with hundreds of regrets and condolences for Harnett and his family and friends from officers from across Canada and the U.S.

It was on December 31 just before 11 p.m., when Harnett had pulled over the vehicle after running the license plate and discovering it didn’t match the SUV.

He spoke with both the driver and passenger before the vehicle fled, striking and dragging Harnett, who was described by Calgary Police Chief Mark Neufeld as a “highly decorated” 12-year member of the Calgary Police Service.

Despite the “desperate” attempts of fellow officers and paramedics, Harnett died at the scene, according to Calgary police.

Two men, one 17 and the other, 19, have since turned themselves in. Police had issued a province-wide dragnet for their arrests. They face first degree murder charges in the death of the officer.

Officer Harnett is remembered as having a “passion to serve,” and his love for policing developed during his early years in his hometown of Hagersville.

“He was born to be a police officer and he knew it,” his brother Jason Harnett told CTV News. “He just had a passion to serve. There was right and wrong, and he really believed in that.”

Harnett was a volunteer member of Crime Stoppers while a student at Hagersville Secondary School. He also served as a military police officer.

He is the 12th officer to be killed in the history of the Calgary Police Service, dating back to 1878. The last officer who lost his life while on duty was Const. Darren Beatty, who died in 2001 during a training exercise.

Funeral arrangements are being finalized.

POLICE RESPOND to stabbing in Mimico on January 1, 2021. Police file photos.

It has been a violent 2021 for police so far and it is only the first day of the year.

Toronto Police were scouring the streets of Mimico for evidence as they responded to one of 2021’s two stabbings that occurred early New Year’s day.

Shortly after 1 a.m. officers were dispatched to a stabbing that took place at Mimico Ave. and Lake Shore Blvd. W.

“Officers located an adult male with stab wound,” according to a police tweet. “The man was taken to hospital. The suspect fled on foot.”

Police describe the suspect as a male white, in his 60s, with a red hat and white hair.

The victim was treated in hospital and is expected to survive.

Hours later at 6:50 a.m. officers were called to deal with another stabbing in the Queen St. W., and Dunn Ave., in the Parkdale area.

Police said in that attack a man was suffered multiple stab wounds. He is expected to survive.

One man is in custody.

The Mimico incident brought back bad memories for residents of a shooting last August at the same spot.  In that case, a man was shot several times in the same area by a shooter who fled on foot.

The victim survived and the shooter is still at large.

And, on December 30 a local man was shot by police for allegedly waving an axe or hatchet near Lake Shore Blvd. W. and Twenty Fourth Street, in Long Branch.

The Special Investigations Unit is investigating the incident that sent a 30-year-old victim to hospital with serious gunshot wounds.

HARVEST BIBLE CHURCH, in Windsor, where Rev. Aaron Rock was charged for reopening his church. Etobicoke Pastor Tony Costa (in small image) is helping to raise funds to fight the Windsor police charge.

An Etobicoke pastor has started a Go Fund Me page that has raised almost $50,000 for a colleague who was charged by Windsor Police Service for allegedly opening his church to prayer services after it was ordered shut to avert the spread of COVID-19.

Dr. Tony Costa’s Go Fund Me page has raised almost more than the $50,000 they require to fight a provincial charge of violating the Reopening Ontario Act for holding services on December 24.

The Harvest Bible Church, in Windsor, was visited by police and a charge of being open, in violation of provincial guidelines, was laid against Rev. Dr. Aaron Rock.

Costa says he’s known Rock, described as a man of ‘Godly conviction,’ for more than 15-years and they have pastored together in Canada and overseas.

“Aaron decided to open his church for the many who were hurting, depressed, anxious, under employed and some with suicidal ideations to provide a haven of support and ministry outreach,” Costa wrote on social media.

Police warned church officials that they face charges for attending church on Christmas Eve.

Rock’s church calls the charge a “national disgrace” and says that “barring Christian worship and public protests is discriminatory and unfair.”

If found guilty, Rock can be fined up to $100,000 or imprisoned for a year.

The churches plan to fight the charge and has called on congregation members of various area churches for donations to obtain legal counsel.

“Pastor Aaron’s fight is not just his alone,” Costa says. “He is fighting for the right of all churches to open and enjoy the freedoms to do so in accordance with the Canadian Charter of Rights and Freedoms.”
Rock says he was “humbled by this outpouring of support as we stand against injustice for all.”
A Professor at the Toronto Baptist Seminary and the Pastor & Pulpit Ministry, he thanked the congregation for their support and will fight the charge.

This news comes after the Windsor-Essex County Health Unit medical officer of health, Dr. Wajid Ahmed, said in a release last week that he is “not recommending in-person gatherings of any kind due to the high risk of disease transmission.”

The church said that police promised to bar the congregation from entering on Christmas Eve. It said the banning of Christian worship is “discriminatory and unfair.”

Under grey-lockdown restrictions in Windsor-Essex, Ahmed said if religious institutions are moving forward with in-person gatherings, they must be limited to 10 people at any time, including officiants, parishioners and staff.

The charges against a respected pastor has angered many churchgoers online.

“We stand with you Aaron & Susie Rock,” says Irene Teichroeb, of Mexico, who made a donation.

“Church is essential.”

“Stay strong and thanks for being a voice of reason,” Anbnita Reume said on social media.

Joyce Zhu says she “supports Rock for the sake of our community and our country.”

Alexander Leslie was among the many who made donations.

“God bless you in your fight for justice, for the Church and ultimately for the gospel,”Leslie posted. “Never forget Christ is with you and so are your brethren.”