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28-Dec-2010 [34]
Part of Court cases
Unless otherwise noted, these court reports were written by M. Monastyrskyj, CELOS researcher.
Police Press Release November 14, 2008
Police Press Release November 21, 2008
Toronto police issue a press release requesting the public's assistance in finding a Beck taxi cab that hit a cyclist at the intersection of Dovercourt and Argyle. The taxi fled the scene. The cyclist was taken to hospital with life-threatening injuries.
Toronto police issue a press release announcing the arrest of Sultan Ahmed, 38, of Maple. He is charged with:
1) Criminal negligence causing bodily harm
2) Dangerous operation causing bodily harm
3) Fail to stop at scene of accident bodily harm
4) Attempt to obstruct justice
5) Aggravated assault
6) Assault with weapon
Sultan is scheduled to appear at 1pm today in court at Old City Hall, room 101. CELOS found out about Ahmed's appearance too late to attend.
Ahmed is on the 10am docket in courtroom 101, Old City Hall. There are a few reporters in court. About twenty minutes into the court session, the Crown attorney tells the Justice of the Peace that someone in the court has recording equipment. The Crown says he wants to put it on the record that that recording equipment cannot be used inside the courtroom. The JP says something to the reporter who has the equipment. The reporter says the equipment isn't turned on. The JP tells the reporter she shouldn't even have it in court. The reporter leaves with the equipment. When she comes back, the equipment is covered up. Ahmed makes a very brief appearance in the morning session, but his lawyer isn't here. At 1pm, the Justice of the Peace decides Ahmed will have to come back tomorrow.
For the second day in a row, Sultan Ahmed is on the 10am docket in courtroom 101 (bail court). 101 is a busy place and the court deals with several cases before it's Ahmed's turn. He appears at 10:50. His lawyer, Heather Magnin, is in court today. She works for the firm, Boggs & Levin. The Crown tells the Justice of the Peace, Cesar De Morais, now would be a good time to start Ahmed's bail hearing. Ahmed, a Canadian citizen born in Pakistan, requires an Urdu interpreter. The clerk calls for one. Ahmed has a dozen male supporters in the courtroom. His wife and four young children are also present.
After the interpreter arrives, De Morais reminds everyone that the bail hearing is covered by two publication bans under sections 486.5(1) and 517(1) of the Criminal Code.
Section 486.5(1) reads:
Unless an order is made under section 486.4, on application of the prosecutor, a victim or a witness, a judge or justice may make an order directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way if the judge or justice is satisfied that the order is necessary for the proper administration of justice.
Another paragraph of section (486.6) reads:
(1) Every person who fails to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on summary conviction.
Section 517(1) reads:
If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as
(a) if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or
(b) if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended.
Paragraph 2 of Section 517 reads:
Every one who fails without lawful excuse, the proof of which lies on him, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.
The hearing lasted most of the day. Bail was denied. The reasons why it was denied are covered by the publication ban. Ahmed will appear in courtroom 111 on December 1 at 2pm by video.
Ahmed is on the 2pm video docket in courtroom 111. He appears briefly at 2:15. The same Urdu interpreter who was at the bail hearing is present. The Justice of the Peace decides Ahmed will appear again in courtroom 111 on Monday December 15 at 2pm.
Ahmed is on the 2pm video docket in courtroom 111. He appears briefly at about 2:15. The Urdu interpreter is also present. Duty counsel doesn't have a message from Ahmed's lawyer. The Crown says a large amount of disclosure is available waiting for pick-up. In addition to the paper documents, DVDs are available in the Crown's office. The Crown attorney says her office "worked feverishly" to have the disclosure ready. The Justice of the Peace decides Ahmed's next court date will be at 2pm by video on Monday December 22.
Ahmed is once again on the 2pm video docket in courtroom 111, but this time he doesn't appear. Shortly after 2, an agent (I don't know if she's a lawyer or a student) from his lawyer's office tells the Justice of the Peace that Ahmed has been released following a bail review by the Superior Court. The Crown attorney hands the agent two thick stacks of disclosure documents. Ahmed's next court appearance will be at 9am in courtroom 111 on January 19.
When the woman representing Ahmed leaves the courtroom I follow her out to make sure I heard correctly that Ahmed is out on bail. I did hear correctly. The woman tells me a bail review is the next step after a show cause (bail) hearing. I ask if the Crown can appeal the decision to release Ahmed. She says I would have to ask the Crown about that.
Ahmed is on the 9am docket in courtroom 111. He does not appear, but his lawyer does. The defence is looking for some disclosure. The Crown says there has been a pre-trial and agrees there are some disclosure issues. Ahmed's next court date is 9am Monday February 9 in courtroom 111.
Ahmed is on the 9am docket in courtroom 111. His name is called at 10:15. An Urdu interpreter is there for him. The interpreter looks out at the public benches and calls out Ahmed's name. There is no response. The matter is held down. (i.e. set aside to be dealt with later) The interpreter leaves the courtroom.
At 10:45 the Crown attorney on duty calls out Ahmed's name again. No response. The Urdu interpreter has to leave Old City Hall because he is needed at College Park. The Justice of the Peace suggests he return to Old City Hall later in case Ahmed shows up later.
Court recesses at 11 and resumes at 11:30. At 11:50 a lawyer representing Ahmed appears before the JP. He says the Urdu interpreter isn't needed for today's appearance. The lawyer appears alone. He says a pre-trial has been set for February 17. He wants a return date of February 23. He says, "We can see where we are then." Ahmed's next court appearance will be at 9am on Monday February 23 in courtroom 111.
Note: Ahmed may have been sitting in the body of the court (.i.e. the benches set aside for the public) but I'm not sure.
Ahmed is on the 9am docket in courtroom 111. The Crown attorney calls his name at 11:15. Ahmed himself isn't in court, but an agent for his lawyer is. The agent says a judicial pre-trial (a conference with a judge where the Crown and defence iron out procedural issues related to the case) is scheduled for March 27. The agent asks for Ahmed's case to be brought back to 111 at 9am on Friday March 27. The Justice of the Peace agrees.
Ahmed is on the 9am docket in courtroom 111. I am in 111 from 9 to 10. I don't see Ahmed's name called because at 10 I have to leave to go to a bail hearing in courtroom 101.
I ask at the clerk's office for Ahmed's next court appearance. A clerk tells me 3pm October 19, 2009, courtroom W6, Toronto West courthouse. He is to appear there for a Highway Traffic Act charge. Ahmed is facing criminal charges and I suspect he will be appearing in Old City Hall before October 19. Sometimes it takes a while before the court database is updated. I make a note to come back on another day to see if a new date at Old City Hall has been added.
Courtroom 111 uses an alphabetical system. Court dates are assigned according to the first letter of a person's last name. Since Ahmed's last name begins with A, his case is a "Monday matter." On Monday I go to Old City Hall. I check the computer printout of today's docket. Ahmed's name isn't on it. At 9, however, I go to 111, because names are sometimes added to the docket at the last minute. Ahmed's name isn't called. During a recess I check again at the clerk's office on the second floor. The only date in the database is 3pm October 19, courtroom W6, Toronto West courthouse. The clerk asks me if this is a traffic matter. I say the case does involve a traffic accident, but that Ahmed is facing criminal charges. The clerk says the appearance on October 19 is a Highway Traffic Act matter. I ask if it is a trial. She says it is.
Ahmed is on the 9am docket in courtroom 111, but no one from CELOS is present.
I went to the court clerks office, room 250 on the second floor of Old City Hall, to confirm that Ahmed has no court appearances in Old City Hall before February 1, 2010. I used the spelling Suiltan Ahmed because that's how the name was spelt the last time I saw it on the docket printout. The clerk tells me his next appearance is February 1. I ask her the offence date to make sure this is the right Ahmed. She tells me November 14, 2008, which is the right date.
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