Thursday, July 30, 2009

A Flicker of Light in Harley's Case

There has been a development in the investigation into the police officer who allegedly kicked and killed Harley the Dog.

http://www2.canada.com/calgaryherald/news/city/story.html?id=a91e56e6-bb61-4568-b18f-d60bf68b5a3e

Ordinarily, police are responsibile for laying charges. Given the alleged eyewitness statement of Tom Short:

http://andjusticeforall-calgary.blogspot.com/2009/07/repostcode-of-silence-investigation.html

I am left to wonder why police themselves did not charge. By the way, Alberta does not operate on a system of Crown Charge Approval; meaning that in the exceedingly vast majority of cases, the Police decide when charges will and will not be laid. In this case, there seems to be a different approach. The question is why?

Admittedly, perhaps the different approach is simply because the accused is a police officer? But does this warrant a different approach? Perhaps it is because the evidence collected by investigators is difficult to balance and requires a second opinion in order to ascertain whether charges should be laid?

To this end, consider: assuming investigators have actually collected statements from Harley's family/owners and from others, like Tom Short and his son; and assuming they have collected a statement from the accused, who left the scene after the killing; if the perpetrator was an ordinary citizen, would he have been charged by police on this investigation, without crown charge approval? I suggest the answer is yes....

When will we learn the truth? Ever?

Well... at least there is some light on the case. Not enough to really see anything, but enough to know that the lights haven't yet gone out....

David G. Chow
Calgary Criminal Lawyer

www.calgarydefence.com

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