Trial
The already famous crime also became notable for being extensively mishandled. The move to trial was extremely slow, as the men sat in jail for years, being denied bail, but not being brought to trial. The case was marred by errors by police and prosecutors, but it was mainly lengthened by defence lawyers who were later accused of unprofessional conduct. While the new defence team argued the charges should be thrown out due to the long delay, this motion was rejected. By the time it came to trial, 40,000 pages of files related to the case had accumulated.
The trials finally got underway in May 1999, with Brown now acting as his own defence counsel. The trial itself became one of Canada's longest, with Brown extensively cross-examining each witness, often for up to two days.
Allegations of racism and discrimination were levelled from the very beginning. One of the lawyers — there were dozens hired, fired and removed — likened the preferred indictment to “the modern-day equivalent of a lynching.” Moreover, in a letter written in 1995 to Ian Scott, then chief counsel for special investigations at the Crown Law Office, lawyers for the accused alleged that “this case has drawn a tremendous amount of publicity . . . not because of the nature of the crime itself, but because the defendants are all black, Ms. Leimonis is white and the incident occurred in an upper-middle-class restaurant frequented primarily by white people.”
A scathing 60-page summary ruling on the case by Mr. Justice Brian Trafford, puts the police and the justice system in an unenviable light. The selective use of leg irons, belly chains and handcuffs on the three suspects displayed “cultural insensitivity towards black people,” stated Judge Trafford. He also found that to this day Toronto police have “never comprehensively investigated allegations of abuse.” Activists, angry at the use of shackles, have brought up the spectre of the slave trade. They have pointed out that Paul Bernardo was never shackled in court. Was he less dangerous because he was white and clean-cut?
Read more about this topic: Just Desserts Shooting
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