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1 - 16 of 16 Comments Last updated Oct 25, 2009
BRC

Peterborough, Canada

#1 Aug 26, 2009
Hi there.
I'm wondering if anyone can tell me what happens to a person if there is proof that obstruction of justice has happened. Is this jail time?
Recently, an accused pedophile was acquitted of all charged. It was brought to our attention that three of the four witnesses were in communication throughout the trial and the complainent was influenced.
It takes so much time, energy, stress to go through the legal process in Canada. However, what the above mentioned is proven, would a new trial be in order?
Fifth_Gain

Toronto, Canada

#2 Aug 26, 2009
If there was trial already there will probably not ever be another trial. An obstruction of justice charge is serious, but not usually jail time. It would depend on what it was and if the accused has a prior criminal record.

Not knowing the detials of the case, you mentioned an accused pedophile was acquitted? If this person was acquitted, that pretty much closes a case. The case would be over, unless the crown wanted to pursue the case further. that has to be done within 30 days of the ending of the trial.

I would even say that if the witnesses influenced the person who made the complaint that it would not commence another trial usually, unless there was something directly proving that the person was intimidated or threatened somehow. And it does happen.

Interesting questions. Tell me more and I'll try to give you some advice.
BRC

Peterborough, Canada

#3 Aug 27, 2009
Well, there is proof that the young witness was influenced.
This accused person has also continued to harass this child and his family. We can get a restraining order, but it's 2700.00 and I am not sure this would stop him, since he had the nerve to contact the victim.
BRC

Peterborough, Canada

#4 Aug 27, 2009
Hi Fifth-Gain
Thanks for your interest and your responses. I have sinced talked with my lawyer and just thought I'd let you know what happened. He advised us that if there was influence and proven communication between witnesses (all of them but 1) there is no set amount of time for the trial to be appealed, that it can be.

Just a shame to put everyone through the trial process again. But if it gets another monster off the streets, it may be worth it.
Fifth_Gain

Toronto, Canada

#5 Aug 27, 2009
Can you tell me how he was influence? Was he threatened or say coerced with money?

I didn't realize it costs money to get a restraining order. That's odd isn't it?
BRC

Toronto, Canada

#6 Aug 28, 2009
It sure is.
The monster that is threatening is very good at what he does and is careful, so it makes it a bit difficult.
Luckily for us, he wasn't careful enough.
I did find out though, that regarding the situation in which the obstruction occurred, there can be jail time, and alot of it!
There can never be another trial..not the same one, but he can go to jail for a very long time..so as long as he's in there one way or the other and off the streets, it will be a happy day!
Fifth_Gain

Toronto, Canada

#7 Aug 28, 2009
What is the situation of the obstruction if you don't mind me asking? I have noticed that a most individuals who fall under the category of obstruction do not ever get charged. Hopefully your situation will work out for you.
BRC

Toronto, Canada

#8 Aug 29, 2009
Thanks Fifth-gain.
In this case, it is extremely serious..let's just say.
Actually, sadly, obstruction of justice usually carries more than penalties for the crime..such as sexual assault. It's a very sad system!
Durham citizen

Oshawa, Canada

#9 Sep 28, 2009
I sure hope that the person you speak of gets sentenced for obstruction of justice. It is a very serious offence. He may have been acquitted of other crimes, but he will pay!
Red Neck Ma

Toronto, Canada

#11 Oct 6, 2009
Never even ever heard of anyone actually getting charged with this. Good luck!
BRC

Peterborough, Canada

#12 Oct 9, 2009
Sadly, Red Neck, it is very common. This can carry more time than a serious crime, such as attempted murder or sexual assault will. Things are going well. The police are doing a thorough investigation at the moment, and this man will once again be arrested for obstruction. Perhaps he will pay for the crime after all, even though he managed to beat the original charges. He's a real piece of work. Not only has he influenced the primary witness, but he is now cyber-stalking and making himself look like the complete psychopathic pedophile that he is.
Red Neck Ma

Toronto, Canada

#13 Oct 10, 2009
I wonder why someone would make themselves look like a complete psychopathic pedophile?

And the police don't do thorough investigations BRC. They are more corrupt than anyone. If someone is accused of a crime there aren't tried twice either.

Good luck with your claim.
BRC

Peterborough, Canada

#14 Oct 11, 2009
Thanks Red Neck. No, I used to have faith in the police and the "legal system" but that has been shattered.
Red Neck Ma

Toronto, Canada

#15 Oct 11, 2009
By the sounds of it you need to move on. Don't let this control your life. I am sure you have other things to focus on.

Maybe easier said than done, but you have to.
BRC

Toronto, Canada

#16 Oct 12, 2009
Oh I am moving on. However, or at least trying. This thing is causing problems for my family still. Not to mention there was a serious obstruction of justice. Take Paul Bernardo and Charles Manson...and multiply by 100..that's what we're dealing with here.
Red Neck Ma

Toronto, Canada

#17 Oct 25, 2009
Wow sounds like a crazy bastard. I wonder how he made it past our system? Good enough to get by legal machine of canada, must be crazy enough to have done it. What was the Obstruction of Justice exactly?

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