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Congratulations,
Stacey Dodd!
Flash: April
13, 2004: The Crown declined
to retry Stacey Dodd. He now walks the planet as the innocent
man he was before lies were told about him. This family's life
has been interefered with for almost a year since the appeal
court ordered a new trial. Cheree Miller has been placed in an
untenable position of having to choose to spend time with either
her partner or her children. Every minute this continues puts
justice in disrepute!
Abdulahi
Mahamad's case unfolding in Edmonton | Albert
Royer, Timmons, Ontario | Bice
family in Belleville, Ontario: 4 children stolen, charges
dropped; now it's too late to return them | Derek
Bemister: CAS story from NFLD | Wanda
Young | Michael Cardamone | Anthony
Kporwodu and Angela Venoi
Stacey Dodd
Another man's life and
family ripped apart by a malicious prosecution
I read the story about the
Bice Family, and it was
sad.
My family and I are going through
the same thing and we are looking for help. We need it badly.
My husband was charged with
the same charges as Mr. Bice was and he can not see his kids
at all.
His ex wife had asked her daughter
to lie and told her she would get money if she would do this.
This situation has been 7 yrs
in the making. We have been to gether for 1 yr and 6 months.
I have 3 kids from another relationship and CAS has now come
to me 1 yr ago and said that he can never see my children at
all.
We are still fighting hard
but need help. He served 1 yrs in the pen in Joiceville, but
was let out on appeal bail 3 yrs ago and and we are still waiting
to see if we can have another trial.
The girl who these charges
are about has now been given by her mother to CAS in Owen Sound
and now she has recanted. She went to the police and said it
was all a lie. But my husband is still not allowed to see my
kids nor his 2 boys at all.
My name is Cheree Miller and
his name is Stacey Dodd.
Please help me set him free
to live some what of a normal life................Please help
us!............Cheree
¨ ¨
¨
CASE COMMENT:
R. v. Dodd, May 26, 2004,
Ontario Court of Appeal
This decision of the Ontario
Court of Appeal adds another precedent to the growing list of
cases considering the sufficiency of Reasons for Judgment.
Of import in this particular case was that the trial judge's
reasons for convicting the appellant could not be described as
brief, and further that she had properly charged herself in accordance
with R. v. W.(D.). However, the flaw inherent in
these reasons was the conclusory fashion in which the appellant's
own evidence was dealt with. This error in law, in turn,
led to the order of a new trial.
In rejecting the appellant's
testimony and finding it did not raise a reasonable doubt, the
learned trial judge had simply stated:
I do not believe Mr. Dodd when
he denies the sexual activity with M.D....I have also considered
whether Mr. Dodd's evidence has left me in a reasonable doubt.
It has not.
The Court of Appeal overturned
the conviction on the basis that the Reasons failed to provide
any meaningful analysis as to how the trial judge reached this
conclusion. It is moot to state that the evidence given
by a defendant, who waives the right to silence and chooses to
testify in her or his own defence, is of key significance to
the trial and thus deserves careful consideration from a trier
of fact.
In particular, Justice Laskin
for the unanimous Court noted, the following factors lent credence
to the appellant's submission that the reasons were insufficient
within the meaning of R. v. Sheppard:
·
the complainant had an admitted history of lying and had exaggerated
her account;
·
there was no confirmatory evidence to support the complainant's
allegations;
·
the evidence given by the appellant as well as other defence
witnesses, was not inherently incredible;
·
the defence evidence had raised points, such as the unlikelihood
of the offence having occurred without someone hearing a disturbance,
which called the allegations into question;
·
the Crown had not cross-examined the appellant on whether he
had committed the offence.
Given these features in particular,
a new trial was ordered.
|
 Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
Truth suppress'd, whether
by courts or crooks, will find an avenue to be told. Sheila Steele, injusticebusters.com
If you hold the mouth
of Truth, It will burst out its rib-cage. Somali proverb
Publisher : Sheila
Steele
Got something
to say about this or any other stories on this site? Go to injusticebustersblog Participate!
- injusticebusters
court advice :
- How to walk yourself through the justice system
-
- Why you should dump your preliminary hearing (written July 1998 and still valid)
-
- Sermonette:
The
Naked Truth -- (You
will find links to many more sermonettes in the sidebar on this
page
Another target
of Dueck's malice: : Wilf Hathway
Our activism
contributed greatly to the good vibes which happened around the
civil trial.
Index
to the stories on this website
This is not
regularly updated so if you are looking for a particular story
and you have a name or keyword, please use the site search engine(at
the bottom of the page) which IS regularly updated
Index to Saskatoon Police stories
This is a pretty good scrapbook
for the 1998-2002 period.
Inquiry into the malicious prosecution of David
Milgaard untanling 36 years of Saskatchewan police and Crown
misconduct: : Opening day 1 | 2
| 3 | 4
| 5 | 6
| 7 |
- Stephen Williams:
Canadian writer subject to Stasi-like treatment by Canadian police
- Terry
Arnold: : Snitch a
suicide?
- RCMP
scenario stings: Brian
Hutchinson starts digging
- Gary
wells: Faulty eye-witness
testimony
- Tulia,
Texas
- Gilmer,
Texas
- Vopnis
The Terrible Story behind the Atif Rafay and
Sebastian Burns convictions
Trial
set for June 15
We
know part of this disclosure is a forged statement and perjured
affidavit from a Winnipeg cop
-
-
- Brandon Morin:
- Convicted in Oregon
- of rapes which did not happen
- This website has good information
about Measure 11 -- Oregon's Mandatory Sentencing requirements
which have been in place since 1994. In this case we see how
the combination of a flawed grand jury system and prosecutors
who seek not justice but convictions is a recipe for wrongful
convictions.
-
-
Toronto Police paid out $30M in secretly resolved
claims over last five years
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