MTR Discussions

DNA Solves
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DNA Solves
Tori's parents have alluded to MTR's guilt, and while all of the evidence won't come out until his trial, her parents are privy to more information than we are.

For me, other things point to his guilt:

-His friends not publicly supporting him does raise red flags for me. I went to school with someone who was convicted of murder and his close friends made themselves available to the media to support him and describe the friend they knew him to be. Where are MTR's friends?

-pulling his shirt over his face for his 'perp walk'. Why hide if you're innocent? I'd be shouting 'I didn't do this!!!' as the top of my lungs no matter what council may have advised me.

-TLM pointing the finger at him. She was truthful and accurate when leading LE to Tori's remains, I believe her implicating MTR is accurate as well.

-MTR is still sitting in jail, not released on bond

The trial could prove me wrong, there's little to go on.
 
Tori's parents have alluded to MTR's guilt, and while all of the evidence won't come out until his trial, her parents are privy to more information than we are.

For me, other things point to his guilt:

-His friends not publicly supporting him does raise red flags for me. I went to school with someone who was convicted of murder and his close friends made themselves available to the media to support him and describe the friend they knew him to be. Where are MTR's friends?

-pulling his shirt over his face for his 'perp walk'. Why hide if you're innocent? I'd be shouting 'I didn't do this!!!' as the top of my lungs no matter what council may have advised me.

-TLM pointing the finger at him. She was truthful and accurate when leading LE to Tori's remains, I believe her implicating MTR is accurate as well.

-MTR is still sitting in jail, not released on bond

The trial could prove me wrong, there's little to go on.

Also to add to Lexi's post:

-what is Rafferty's alibi for april 8th from 3:25 to 9:00 p.m?

-His car was spotted near the school at around the time of Tori's abduction.

-His car was seen at the Home Depot parking lot in the early evening of April 8th (not sure of the time, was never specified by LE) Investigators have cause to believe that the vehicle, suspects and victim may have been in and around the area of the Home Depot parking lot sometime during the early evening hours of the 8th of April 2009.
link: http://images.google.ca/imgres?imgu...&sa=N&start=18&um=1&ei=j3p4So69KsOFmAelnK3TBg

-His car seat was in the car in the days just before the abduction and was not there after the abduction. Why?

-He changed his tires from regular tires to snow tires after the abduction. Why? The snow season was already over for the most part.

-He had girls, girls girls all over the place and everywhere and not one was with him during that time except for Terri-Lynn, the abductor and accomplice. At least one girl had seen him the day before and right after the abduction of Tori.

-One poster on here had a friend who dated him and those posts are gone because it was posted on behalf of someone else. This person was able to provide details about his interest in little girls.

-If he had an alibi he would be out of jail. Either he is terribly unfortunate or he was directly involved as described by the charges. I don't think this is a case of a girl/woman scorned. He is a con artist and has convinced at least one non-family member of his innocence. What about his brothers? Not a peep from them.
 
While it may be construed in different ways, the "everything good is comming my way" also adds to my suspicions as does the fact that both he and TLM were on FB that day when she hadn't posted anything for a while. Did anyone manage to get a screenshot of KH's FB before it went private? She had a very odd post as well and I would love to see if it was before or after the arrests.
 
Also to add to Lexi's post:

-what is Rafferty's alibi for april 8th from 3:25 to 9:00 p.m?

-His car was spotted near the school at around the time of Tori's abduction.

-His car was seen at the Home Depot parking lot in the early evening of April 8th (not sure of the time, was never specified by LE) Investigators have cause to believe that the vehicle, suspects and victim may have been in and around the area of the Home Depot parking lot sometime during the early evening hours of the 8th of April 2009.
link: http://images.google.ca/imgres?imgu...&sa=N&start=18&um=1&ei=j3p4So69KsOFmAelnK3TBg

-His car seat was in the car in the days just before the abduction and was not there after the abduction. Why?

-He changed his tires from regular tires to snow tires after the abduction. Why? The snow season was already over for the most part.

-He had girls, girls girls all over the place and everywhere and not one was with him during that time except for Terri-Lynn, the abductor and accomplice. At least one girl had seen him the day before and right after the abduction of Tori.

-One poster on here had a friend who dated him and those posts are gone because it was posted on behalf of someone else. This person was able to provide details about his interest in little girls.

-If he had an alibi he would be out of jail. Either he is terribly unfortunate or he was directly involved as described by the charges. I don't think this is a case of a girl/woman scorned. He is a con artist and has convinced at least one non-family member of his innocence. What about his brothers? Not a peep from them.

Thank you - I agree with everything you added, especially his back car seat and the sighting at Home Depot.

Yes, he deserves fair treatment and a fair trial. However, I think there's reasons for some of us to think he looks guilty.
 
While it may be construed in different ways, the "good things are comming my way" also adds to my suspicions as does the fact that both he and TLM were on FB that day when she hadn't posted anything for a while. Did anyone manage to get a screenshot of KH's FB before it went private? She had a very odd post as well and I would love to see if it was before or after the arrests.

This is the screen shot of MR's FB page. Picture of him under screen shot...:sick: What's up with the comment dated April 2nd. Sounds like possibly friends are dissing him... Sorry don't have KH's. Anyone?
http://images.google.com/imgres?img...rosoft:en-us:IE-SearchBox&rlz=1I7GPEA_en&um=1
 
I was going through some old info and came upon this report. Just thought I would post it again. Found it interesting that this report says Maitland said the car was spotted at a Home Depot near Guelph the evening Tori was abducted, with the suspects and Tori in the car. I'm sure some will claim bad reporting. :waitasec: Has anyone read anywhere as to Constable Maitland not making this statement or anything (reports)to show otherwise?

http://www.680news.com/news/more.jsp?content=20090523_093925_1588
 
(BBM)

How many times do I have to say this? I DO NOT BELIEVE THAT MTR IS INNOCENT! Nor do I believe that he is guilty.

While I have heard nothing to "prove his innocence", I have neither heard anything to "prove his guilt". There has been no evidence whatsoever released to the public about MTR's involvement in this crime. That is what trials are for. I have made no judgment one way or the other. WHEN I hear the evidence, then I will make my judgment. That's the way the Canadian justice system is supposed to work.

I will repeat this for the umpteenth time: I am a mother. I have three children. I am in a position to put myself in the shoes of the mother of a victim like little Tori, but also in the shoes of a mother whose child may have been wrongfully charged with a crime. I want Tori's killer(s) punished to the full extent of the law, but first I want to know (not surmise) who they are. This is called being fair and impartial.

MOO

BBM I know Im entering into this discussion a bit late.. but Ive had the chance to read this all tonight, and I just have to say this.. without prejudice.
I hope the jury in this case against MTR is not chosen based on this same idea as noted here of being "impartial and fair". We will be in for one hell of a travesty of justice if the jury ignores the solid facts that are clear as day, ignores the incredible amount of detective work, and sides with the underdog in efforts to stand strong in thier impartial endevour!

I truly do not believe that anyone who knows any facts in this case can be "impartial". Hence the reason that when a jury is chosen, they seek people who know NOTHING of the case.... because it is human nature to formulate an opinion when listening to SO MANY facts... and the only way to be truly impartial, is to be getting presented with the facts for the first time in that courtroom!
 
I was going through some old info and came upon this report. Just thought I would post it again. Found it interesting that this report says Maitland said the car was spotted at a Home Depot near Guelph the evening Tori was abducted, with the suspects and Tori in the car. I'm sure some will claim bad reporting. :waitasec: Has anyone read anywhere as to Constable Maitland not making this statement or anything (reports)to show otherwise?

http://www.680news.com/news/more.jsp?content=20090523_093925_1588

Wasn't it in one of the live pressers that she made this comment?
 
Tori's parents have alluded to MTR's guilt, and while all of the evidence won't come out until his trial, her parents are privy to more information than we are.

For me, other things point to his guilt:

-His friends not publicly supporting him does raise red flags for me. I went to school with someone who was convicted of murder and his close friends made themselves available to the media to support him and describe the friend they knew him to be. Where are MTR's friends?
-pulling his shirt over his face for his 'perp walk'. Why hide if you're innocent? I'd be shouting 'I didn't do this!!!' as the top of my lungs no matter what council may have advised me.

-TLM pointing the finger at him. She was truthful and accurate when leading LE to Tori's remains, I believe her implicating MTR is accurate as well.

-MTR is still sitting in jail, not released on bond
The trial could prove me wrong, there's little to go on.


BBM: I don't mean any disrespect though if the parent is TM and she alluding to the fact that he is guilty based on information from LE or the Crown, then I really don't put a lot of stock in what is said. I also recall RS mentioning in an interview that he will be at the trial each because he needs to know what happened to his beautiful child, which leads me to believe they don't know, and likely won't know until the trial. As far as I know (and I did ask a very good friend who works for a criminal lawyer), the victim's family does not get any real detail of the case until trial and I will assume that's because they could inadvertently say something to cause issue with Crown's case, if it's made public.

As for his friends not speaking publicly. The person you went to school with had his friends speaking publicly to the media, yet he was still convicted, so I don't understand how people can decide on his guilt (or even his innocence for that matter) because his friends are not jumping all over the media. There could be numerous reasons why this is not happening: his friends don't want the publicity or he could in fact not have very many friends, just acquaintances.


As for him not getting bail, do you know for a fact that he was denied bail? Just because he remains in jail, doesn't mean that he was denied. Given the crime that he has been charged with, bail would be very high, and it's very possible that he doesn't know anyone that can raise that kind of bail.

I've already stated my position on TLM pointing the finger at him and how people have done that in the past, when in fact they weren't at the scene, nor is there any evidence to prove they were at the scene, and my personal opinion is she "helped" with locating Tori as a means to get a deal, and a few days away from the prison.

I have not decided one way or the other whether he is guilty or innocent, and will await the trial to hear the evidence, and then I will decide at that point.
 
I think this move is just another example of MR’s psyche or “personality traits” that have been touched on several times here on these boards from information gleaned from both his lawyers and persons who claim to know him personally.

Looking back to his original arrest it was reported that he was crying in the courtroom. His original lawyer indicated that he was “having trouble adjusting” to being incarcerated. He was put on suicide watch. He changed lawyers early on and the rumour mill indicated that he wasn’t getting on well with the original team.

Some of those who knew him prior to his arrest indicated that he was moody, whiney, cried a lot and did not portray him as all that stable emotionally. One friend indicated that whichever way this thing goes she feared that “MR will never recover from this”.

Now take someone with this type of “instability” and place them in a situation that is intolerable to them. He’s likely not going to “suck it up”. He’s probably going to become more unstable and difficult. That does not bode well for a future trial. I actually understand trying to appease him at this point…as hard as that is to take. If you believe in his guilt based on what we’ve been privy to, both on and off the internet, then it only stands to reason that you would not want him to be given any special privileges. But if they are to proceed with his trial in a timely fashion, they are going to have to keep him as emotionally stable as possible. Add to that the fact that his presence in the facility was perhaps causing other issues with other inmates and it only makes sense to move him for overall safety reasons.

I don’t believe these decisions are taken lightly and it is probable that LE would have been preferred that this move stay out of the media but the mother of the victim has chosen to publicize this…for obvious reasons. It really is a difficult call but hopefully it will help to get this case to trial as quickly as possible.
 
BBM: I don't mean any disrespect though if the parent is TM and she alluding to the fact that he is guilty based on information from LE or the Crown, then I really don't put a lot of stock in what is said. I also recall RS mentioning in an interview that he will be at the trial each because he needs to know what happened to his beautiful child, which leads me to believe they don't know, and likely won't know until the trial. As far as I know (and I did ask a very good friend who works for a criminal lawyer), the victim's family does not get any real detail of the case until trial and I will assume that's because they could inadvertently say something to cause issue with Crown's case, if it's made public.

As for his friends not speaking publicly. The person you went to school with had his friends speaking publicly to the media, yet he was still convicted, so I don't understand how people can decide on his guilt (or even his innocence for that matter) because his friends are not jumping all over the media. There could be numerous reasons why this is not happening: his friends don't want the publicity or he could in fact not have very many friends, just acquaintances.


As for him not getting bail, do you know for a fact that he was denied bail? Just because he remains in jail, doesn't mean that he was denied. Given the crime that he has been charged with, bail would be very high, and it's very possible that he doesn't know anyone that can raise that kind of bail.

I've already stated my position on TLM pointing the finger at him and how people have done that in the past, when in fact they weren't at the scene, nor is there any evidence to prove they were at the scene, and my personal opinion is she "helped" with locating Tori as a means to get a deal, and a few days away from the prison.

I have not decided one way or the other whether he is guilty or innocent, and will await the trial to hear the evidence, and then I will decide at that point.

We have to keep in mind that TM "knows" alot more detail about her involvement with the murders than she's making public. Therefore she does have reason to strongly decide in both of their involvement. I'm sure RS has not been privy everything that is stirring around in TM's head of what she "knows" or suspects.

One of the numerous reasons could be because they MR's friends are having a hard time finding reasons why he is not guilty ie; his numerous failed female relationships and lack of male friendships, his acquintances claiming his shady character, the numerous lied that have come to light that his "friends" now see, such as him lying about his educational background, cheating on GF's and many more that we have come across thru the internet.

TLM is pointing her finger at MR because he was a partener in crime. She's not going down alone. We have information (reports) claiming witnesses saw the to murderers and TS in the parking lot of HD on the eve of Tori's murder. They have pictures of his car "by chance" being at the gas station minutes after TS was released from school.

As far as LE arresting MR or anyone else without strong "sufficient evidence", esp. in this day of DNA, balderdash. I'm not buying it. We had an amazing amount of LE investigating this case from day one and in my personal opinion, I feel they did an excellent job. Bail is not granted to just anyone. They do not give bail to anyone who could pose harm to the public, be a flight risk and a few other reasons. I believe they have exact evidentary proof to show why he hasn't been given that option of bail. Something has been proven beyond a reasonable doubt to deny him bail. A judge would be privy to all info gathered so far and would be the one to make that decision whether to allow bail. Obviously the deciding judge felt MR does not deserve bail. HMM wonder why?!!!

TLM may have been hoping for a deal, but more then anything, I feel that she knew her goose was cooked either way. She gave LE all the info because she is a naive young person, who was caught with her hand in the cookie jar and knew there was no reason for her to hold back info regarding MR's involvement.

TLM coud not have carried out this murder alone. She had someone's help. Whether she was the murderer or not, she needed someone to assist her in transportation. If MR got involved "after the fact", he is still guilt of Accessory after the fact of murder. This is what TLM was originally charged with but upgraded later. I see her claiming MR did the murder and she helped dispose of TS. With the fact that she led TS to MR, and possibly drugging her, this is my belief for her charges being upgraded. They both shared in the fact that this beautiful little girl in now deceased.

Personally, if this was my son, and I knew he was being wrongfully convicted, I'd be out there claiming his innocence to anyone who would listen. I'd sell everything I had and every penny invested to rescue my child. After all, I would think MR's mom would do the same "if" she knew MR was innocent. It wouldn't be the first time she bailed her unemployed, no funds son out. By bailed out I mean, forking over her hard earned money to her adult unemployed son.

All of this is my own personal opinion.
 
We have to keep in mind that TM "knows" alot more detail about her involvement with the murders than she's making public. Therefore she does have reason to strongly decide in both of their involvement. I'm sure RS has not been privy everything that is stirring around in TM's head of what she "knows" or suspects.

The fact that TM suspects anything means nothing to me, because that's all it is, is a suspicion not cold hard facts. I do agree that she knows a lot more than she's told the public, though as far as I'm concerned, it's not the evidence that LE has, it's information that she has not passed along. I think (and this is just my opinion) that her relationship with TLM is a lot more involved than she let on. There is no way that LE would pass on information to her, because it would jeopordize the Crown's case.

TLM is pointing her finger at MR because he was a partener in crime. She's not going down alone. We have information (reports) claiming witnesses saw the to murderers and TS in the parking lot of HD on the eve of Tori's murder. They have pictures of his car "by chance" being at the gas station minutes after TS was released from school.

I agree, she is not going down on her own, which is the reason that she pointed her finger at someone else, so that she wouldn't take the fall, and now she's hoping she'll get a deal of some sort. I don't think that TLM is as naive as people think. She's been in and out of the system, from reports, she knows how it works. There are pictures of his car being at the gas station, though does anyone know for sure whether TS was in the car or not when he was there, or if in fact he was actually driving the car. I recall there being a lot of questions as to who was in the driver seat when that picture was taken.

As far as LE arresting MR or anyone else without strong "sufficient evidence", esp. in this day of DNA, balderdash. I'm not buying it. We had an amazing amount of LE investigating this case from day one and in my personal opinion, I feel they did an excellent job. Bail is not granted to just anyone. They do not give bail to anyone who could pose harm to the public, be a flight risk and a few other reasons. I believe they have exact evidentary proof to show why he hasn't been given that option of bail. Something has been proven beyond a reasonable doubt to deny him bail. A judge would be privy to all info gathered so far and would be the one to make that decision whether to allow bail. Obviously the deciding judge felt MR does not deserve bail. HMM wonder why?!!!

That's your opinion and you are entitled to it, though I've seen it happen, where there is no evidence, nor any DNA to link the person to the crime yet they still get charged. It's also happened, where people have been convicted and later exonerated because they had the wrong person, Milgaard, Morin, Baltovich, Marshall. LE has been known to decide on who is guilty and then make the evidence fit the person. On the other side, they actually had Bernardo's DNA and they let him out walk out of the police station, because it wasn't even tested, so I wouldn't put a lot of stock on DNA at this point.

Here's an article about wrongful convictions in Canada, and I read the D. Marshall story and can tell you I couldn't believe that he was charged, let alone convicted of the crime:
http://www.cbc.ca/canada/story/2009/08/06/f-wrongfully-convicted.html

I'm not so sure that the judge is privy to all the information, I will be checking that out in the morning with someone who actually works in criminal law and will get back on that point.

Do you know for a fact that the judge denied bail? Bail would be set pretty high in a case like this, and like I said earlier, he likely doesn't know anyone that can raise that kind of bail, so again, my opinion is that doesn't follow the rule of proof that he is guilty as charged.

TLM may have been hoping for a deal, but more then anything, I feel that she knew her goose was cooked either way. She gave LE all the info because she is a naive young person, who was caught with her hand in the cookie jar and knew there was no reason for her to hold back info regarding MR's involvement.

I completely agree with this bolded statement, she is looking for a deal, and that's why she was so "willing" to help LE, and the fact is she got a free helicopter ride out of it and was able to spend some time outdoors and not behind bars. I still don't believe that she is that naive, just because she was young.

TLM could not have carried out this murder alone. She had someone's help.
Whether she was the murderer or not, she needed someone to assist her in transportation
. If MR got involved "after the fact", he is still guilt of Accessory after the fact of murder. This is what TLM was originally charged with but upgraded later. I see her claiming MR did the murder and she helped dispose of TS. With the fact that she led TS to MR, and possibly drugging her, this is my belief for her charges being upgraded. They both shared in the fact that this beautiful little girl in now deceased.

How do you know that she couldn't have carried out this murder alone? Stranger things have happened. My understanding is that she could drive, so she only needed access to a vehicle. I have not decided on MR's guilt or innocence for the simple fact that I have yet to hear anything that supports it one way or another. I also don't take his counsel saying he will be pleading "not guilty" as gospel truth that they don't have evidence against him, as that's pretty standard to plead not guilty. TLM's charges were upgraded and it could very well be that MR could get convicted on a lesser charge, we won't know until the trial, and what the jury's verdict is at that time.

All of this is just my humble opinion
 
Bail and release from custody information

http://www.ask.com/bar?q=Rules+of+b...zav4sKkFvMzMTzlTHV55cRyNxk=&tsp=1256012813188

Doesn't sound like it's that difficult to get bail does it?

This guy was released on bail of $250,000 by an Ottawa judge. Hassan Diab, who stands accused of murdering four people in a 1980 synagogue bombing in Paris was granted bail Tuesday under strict conditions that include electronic monitoring, a curfew and a promise not to leave his home unaccompanied.

http://www.ask.com/bar?q=What+are+t...Tl6SCZgn7AdbsZqqMSJuXPcL10=&tsp=1256014277344
 
Bail and release from custody information

http://www.ask.com/bar?q=Rules+of+b...zav4sKkFvMzMTzlTHV55cRyNxk=&tsp=1256012813188

Doesn't sound like it's that difficult to get bail does it?

This guy was released on bail of $250,000 by an Ottawa judge. Hassan Diab, who stands accused of murdering four people in a 1980 synagogue bombing in Paris was granted bail Tuesday under strict conditions that include electronic monitoring, a curfew and a promise not to leave his home unaccompanied.

http://www.ask.com/bar?q=What+are+t...Tl6SCZgn7AdbsZqqMSJuXPcL10=&tsp=1256014277344

CJ, Are you sure that he has been denied bail? This is the third time I've asked that question, and still have not received an answer.

Regardless of that fact because as far as I'm concerned (and this is just my opinion), it is actually irrelevant. Even if bail was granted, the surety must have sufficient funds or personal assets in Ontario to cover the recognizance (the amount of the bail). He or she would have to attend court with proof of his or her ability to do so (e.g., bankbooks, proof of property ownership), and photo ID, such as driver's licence or passport. Even if he was granted bail, that does not mean he's able to get out on bail, because he'd need a surety to prove to the court that he or she has the funds or assets available, and from what I understand he does not know anyone with a substantial amount of funds or personal assets.

I have acted as surety for a friend and I had to appear in court and show proof that I could actually pay, and I also had to ensure that the conditions of bail were kept. If the accused breached bail, there was a possibilty that I would still have to pay the recognizance - I would get a chance to tell the courts, why I felt I shouldn't have to pay. It's not something everyone wants to do, and and there is a lot responsibility involved, so I can tell you from a personal standpoint, it's not a decision to take likely, and if I had to do it again, I'm not sure I would, it can be very stressful, having police show up at all hours to ensure that curfew has not been broken, etc.
 
CJ, Are you sure that he has been denied bail? This is the third time I've asked that question, and still have not received an answer.

(Snipped for brevity)

Nobodyzgirl: Is it not another possibility that MR and his defense attorney decided together, out of fear for his personal safety, to not even ask for a judicial interim release? Given the understandable animosity of TM, her large family, her biker connections, RS's brother's threats, and the lynch mob mentality of members of various Facebook groups, if I were in MR's shoes, that would definitely be a consideration. It's not as if LE would provide him with a witness protection program. He would have to stay well-hidden for his own protection and become almost as much of a prisoner as he is now, but with far less security. In his position, and with his limited financial resources, not only could MR not run, but couldn't even effectively hide.

MOO
 
I believe they have exact evidentary proof to show why he hasn't been given that option of bail. Something has been proven beyond a reasonable doubt to deny him bail. A judge would be privy to all info gathered so far and would be the one to make that decision whether to allow bail. Obviously the deciding judge felt MR does not deserve bail. HMM wonder why?!!!

I have now had confirmation on my thought that the Judge is not privy to all information gathered. A bail hearing is a hearing with the defence and the Crown arguing why or why not and the Judge makes his decision based on that, not on any information. The Judge would not have the time to go through all the disclosure. I have gone into more detail under the Legal Analysis thread on bail hearings.
 
(Snipped for brevity)

Nobodyzgirl: Is it not another possibility that MR and his defense attorney decided together, out of fear for his personal safety, to not even ask for a judicial interim release? Given the understandable animosity of TM, her large family, her biker connections, RS's brother's threats, and the lynch mob mentality of members of various Facebook groups, if I were in MR's shoes, that would definitely be a consideration. It's not as if LE would provide him with a witness protection program. He would have to stay well-hidden for his own protection and become almost as much of a prisoner as he is now, but with far less security. In his position, and with his limited financial resources, not only could MR not run, but couldn't even effectively hide.

MOO

Yes, defence counsel can request that they do not want a bail hearing, and I think given the sensitivity of this particular case, it makes more sense for MR to stay in jail than to be released, and like you said, AG, if he is released, I would suspect that he would have very strict bail conditions, and it would be like prison, only without the security.
 
From my understanding, a person who is charged with an offence under section 469 of the Criminal Code of Canada (1st degree murder being listed under this section) does not automatically receive a regular bail hearing within 24 hours of arrest. If charged under this section of the criminal code, a bail hearing must go before a Superior Court Judge and the burden of proof is on the accused as to why they should not be detained until trial. In a regular bail hearing, the burden of proof is on the prosecution as to why someone should be detained. It is very rare that a defence lawyer would set up this type of bail hearing so therefore very few, if any, persons have been granted bail on a 1st degree murder charge in Canada.

So MR being denied bail is because of the charges laid. It is not specific to either him or this case but would be the same for anyone charged with a section 469 offence. He and his lawyer at the time obviously decided not to set up a bail hearing before a Superior Court Judge and therefore he will remain in custody until trial.

Again, this is just my understanding of how it works. We really need a legal person on here to help out with some of these questions.
 
From my understanding, a person who is charged with an offence under section 469 of the Criminal Code of Canada (1st degree murder being listed under this section) does not automatically receive a regular bail hearing within 24 hours of arrest. If charged under this section of the criminal code, a bail hearing must go before a Superior Court Judge and the burden of proof is on the accused as to why they should not be detained until trial. In a regular bail hearing, the burden of proof is on the prosecution as to why someone should be detained. It is very rare that a defence lawyer would set up this type of bail hearing so therefore very few, if any, persons have been granted bail on a 1st degree murder charge in Canada.

So MR being denied bail is because of the charges laid. It is not specific to either him or this case but would be the same for anyone charged with a section 469 offence. He and his lawyer at the time obviously decided not to set up a bail hearing before a Superior Court Judge and therefore he will remain in custody until trial.

Again, this is just my understanding of how it works. We really need a legal person on here to help out with some of these questions.


Your understanding is correct under the Criminal Code of Canada. I just double checked with the criminal code in the office, and it stipulates:

For serious crimes under the Criminal Code, the accused is held in prison pending trial unless he or she makes an application to be released.

Based on this alone, it would be up to the defence counsel and the accused to make an application for a bail review with the Superior Court.
 

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