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57Chevy said:I think Mr. Chen's trial on the forceable confinement and assault is quite the joke. They were quite civil in their actions. They did not harm the thief in any way, except for maybe his huge ego. They could have done much much worse. Instead, they waited ernestly for the 'law' to come. It makes a
whole lot of sense to me.
Every day I come up against the great divide between what is right and what is lawful. It is a massive juggling act that all police have to do within themselves. Lets face it; as the bumper sticker says, "There are a great many people that are only alive because it is against the law to kill them".
Am I pleased that Mr. Chen took ownership of his problem and did something decisive? Absolutely. If there were more people like him who were willing to step up when the time of need arose, life everywhere would be better. He did the RIGHT thing. However, the law here is quite clear. That was not a lawful arrest. Couple that with the fact that the Toronto area appears, for all intents and purposes, to be morally bankrupt as it is, how is it you are going to ask the officer that attended to put their job and personal liability on the line when they clearly have evidence of a criminal act that occured? The real bad guy got charged. But guess what? Bad guys know the law as well as I do. When Mr. Chen grabbed that clown and used actual physical restraints on him, that useless crackhead probably had visions of dollar signs in his head. So now the police arrive. How can they ignore one crime and prosecute the other? Again, we have what is right vs what is lawful. So now the officer does what is right, ignores the fact that the bad guy got arrested unlawfully and bad guy proptly marches down to Duey, Cheetum and Howe lawfirm and sues TPS, Mr. Chen, the officer involved and the City of Toronto. Guess who has the deep pockets? So rather than get bogged in an expensive civil suit, the City insurance company throws $5000 at bad guy to make him go away.
So, does the officer ignore Mr. Chen's illegal act and potentially give the POS society burden one awesome crack-week vacation or does he do what his oath of office requires him to do and enforce the law?
At such time someone can push through some manditory sentencing guidelines for repeat property offenders or a requirement for a Crown to proceed by way of indictment at a certain point (I could name at least five people in the Windsor area that have over 70 Theft Under $5000 convictions and have NEVER been prosecuted by way of indictment) don't expect anything to change. Don't leave your nice things lying around.