| PUBLICATION:
The Toronto Star DATE: 2007.01.11 EDITION: ONT SECTION: GTA PAGE: R09 BYLINE: Tracy Huffman SOURCE: Toronto Star WORD COUNT: 820 -------------------------------------------------------------------------------- Toughen bail, police urge -------------------------------------------------------------------------------- Danilo Celsetino. Gwendolyn
Pilgrim. Chan Ung-Park. They were killed in 2006, allegedly by
people out on bail. Enson Wildman. Malini Thayakumar. Neruuya Thayakumar. They were allegedly slain by people under court-ordered firearms prohibitions. And at least a dozen homicide victims were killed by people under multiple court orders, police allege. "People who are on firearms prohibitions obviously show a propensity towards violence. They are a danger to society," said Acting Staff Insp. Rudy Pasini of the homicide squad. "But when they face another similar crime, they are often released again. That's a slap in the face to the citizens of Toronto." Two people charged with murder in 2006 were under multiple firearms prohibitions - one was under three firearms prohibitions and out on bail at the time of the fatal shooting he is alleged to have committed. "When a person is under two or three firearms prohibitions, that means that sometime in the past they have either been in possession of a weapon or a firearm, or they've been involved in a serious enough crime that a judge has imposed the order. Then they are released. There has to be some protection for the public," Pasini said. Telling a victim's family that the person charged with killing their loved one was out on bail or under a court order is disheartening for homicide officers. "It is a very difficult situation, even more so when you tell a family the judicial system may have let them down by releasing the accused," he said. Det. Stacy Gallant, an officer with the homicide squad who has kept statistics on those charged with homicide, said people who continuously appear before the courts shouldn't get bail. "It steps all over victims' rights," said Gallant, who worked on five cases last year resulting in arrests of people already under a court order. "The victims' rights aren't looked at and the public's rights aren't looked at," said the officer, who was part of the gun and gang task force before transferring to homicide about a year and half ago. Police have advocated for stricter bail conditions and harsher penalties for serious offenders for years. But during a spate of gun violence in July and August of 2005, dubbed the "summer of the gun," Chief Bill Blair reiterated the need for more to be done. But it wasn't until the Boxing Day slaying of Jane Creba in 2005 that politicians at all levels of government began to act. The 15- year-old girl was caught in the crossfire of gang rivalry on Yonge St. while out shopping with her sister. Six others were injured in the shootout. "It is for the betterment of society, public safety. Why these things take so long to get through, I don't get it," Gallant said. Forty-seven of the 69 homicides last year - or 68 per cent - are "solved" according to police statistics, meaning an arrest has been made, a warrant for arrest has been issued or the person responsible for a homicide committed suicide. Of the solved cases, 68 per cent of victims were allegedly killed by someone out on bail, on probation or under a firearm prohibition at the time of the slaying. Had court orders been followed, police allege, 32 victims of homicide last year might still be alive. Fifteen people charged with murder in a homicide last year were out on bail at the time of the slaying, 14 were on probation and 19 were banned from having a firearm. The homicide squad attributes many arrests to creative investigative techniques and an increase in the number of witnesses speaking to police. "We still need more co-operation from witnesses. Every year, there are some cases where the investigators know who is involved, but just don't have that little piece of evidence that a witness has and won't come forward with. That's frustrating," Pasini said. In November, Prime Minister Stephen Harper unveiled plans to make it more difficult for those charged with gun crimes to be granted bail. Flanked by Mayor David Miller and Premier Dalton McGuinty, Harper announced his support for "reverse onus" in bail hearings for offences that involve firearms. Reverse onus is reserved for the most serious crimes like murder and drug-trafficking. It requires those charged to prove to the court why they should be released. In all other cases, the Crown must prove why an accused should be detained. Pasini and Gallant welcome the proposed changes to bail and believe if implemented the city could see fewer homicides and less violent crime. "The number of people who were on bail when allegedly committing a homicide was fairly high" in 2006, Gallant said. "If they had been denied bail, were kept in custody, we wouldn't have had as many homicides." Reverse onus, Gallant said, will better take into account the rights of victims and balance the interests of the public, the victim and the accused. "Everyone has rights. But when you're an offender that has been before the courts numerous times, or even for the most part, more than once, I think when you apply for bail, your previous history should play a big part," Gallant said. "It is very rare that a person's first offence is a gun crime," he said. "Normally there's a lot of previous police contact." For months, Attorney General Michael Bryant called for tougher bail rules and McGuinty had urged Ottawa to amend the Criminal Code to impose a reverse onus for gun crimes. They argued those charged with gun crimes should have to prove why they are not a danger to the public or a flight risk to be granted bail. -------------------------------------------------------------------------- NEWS RELEASE - FEBRUARY
25, 2004 NEWS RELEASE - DECEMBER
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