http://www.metronews.ca/news/halifa...against-men-abuse-of-process-says-lawyer.html
Charging 27 Cape Breton men with obtaining sexual services is nothing more than an abuse of process by police, according to one defence lawyer who contends the charge against his client should be stayed.
Lawyer TJ McKeough said a sting operation by Cape Breton Regional Police last fall — dubbed John Be Gone — undermines society's sense of decency and fair play when it comes to criminal prosecution.
"It is clear that this was a fishing expedition by the police in which they provided the opportunity for members of the public to commit an offence in an effort to address an isolated problem they had previously failed to correct when addressed head on," said McKeough.
Between last August and September, female undercover officers posed as prostitutes and strolled along Charlotte Street in Sydney. A total of 27 men from across the island were eventually charged with a new offence in the Criminal Code of communicating with anyone for the purpose of obtaining sexual services.
Some of the accused have already entered guilty pleas and were issued fines. Several others have entered not guilty pleas and were assigned trial dates.
McKeough has filed a challenge to the charge under the Charter of Rights and Freedoms and a provincial court judge is expected to hear the argument in May.
In his brief filed with the court, McKeough said the release of the names of the individuals charged by police during a press conference amounted to a public shaming which he said is akin to locking someone in stocks in the town square.
"It is completely inappropriate for a police service to induce the commission of crimes, charge individuals, publicly shame them and then leave it to the court system to sort through the fall out," argues McKeough.
He pointed out there is no evidence his client was previously seen obtaining or trying to secure sexual services prior to his arrest or that he was actively being watched by police.
"This case is simply about protecting the integrity of the justice system," said McKeough, adding his client was used as pawn by police to show the public it was making progress on concerns expressed about prostitution in the downtown.
McKeough said if prostitution was such a problem, the police would have been able to charge individuals by conducting surveillance like other police operations particularly those associated with the illegal drug trade.
"The police had to take the additional steps of providing an opportunity and inducing the commission of an offence," argues McKeough.
"There must be a clear message sent to law enforcement from the court that it is not acceptable to lure a group of citizens into committing illegal acts and then to seek to prosecute them for the sole purpose of displaying false progress on social issues to the public," concludes McKeough.
Charging 27 Cape Breton men with obtaining sexual services is nothing more than an abuse of process by police, according to one defence lawyer who contends the charge against his client should be stayed.
Lawyer TJ McKeough said a sting operation by Cape Breton Regional Police last fall — dubbed John Be Gone — undermines society's sense of decency and fair play when it comes to criminal prosecution.
"It is clear that this was a fishing expedition by the police in which they provided the opportunity for members of the public to commit an offence in an effort to address an isolated problem they had previously failed to correct when addressed head on," said McKeough.
Between last August and September, female undercover officers posed as prostitutes and strolled along Charlotte Street in Sydney. A total of 27 men from across the island were eventually charged with a new offence in the Criminal Code of communicating with anyone for the purpose of obtaining sexual services.
Some of the accused have already entered guilty pleas and were issued fines. Several others have entered not guilty pleas and were assigned trial dates.
McKeough has filed a challenge to the charge under the Charter of Rights and Freedoms and a provincial court judge is expected to hear the argument in May.
In his brief filed with the court, McKeough said the release of the names of the individuals charged by police during a press conference amounted to a public shaming which he said is akin to locking someone in stocks in the town square.
"It is completely inappropriate for a police service to induce the commission of crimes, charge individuals, publicly shame them and then leave it to the court system to sort through the fall out," argues McKeough.
He pointed out there is no evidence his client was previously seen obtaining or trying to secure sexual services prior to his arrest or that he was actively being watched by police.
"This case is simply about protecting the integrity of the justice system," said McKeough, adding his client was used as pawn by police to show the public it was making progress on concerns expressed about prostitution in the downtown.
McKeough said if prostitution was such a problem, the police would have been able to charge individuals by conducting surveillance like other police operations particularly those associated with the illegal drug trade.
"The police had to take the additional steps of providing an opportunity and inducing the commission of an offence," argues McKeough.
"There must be a clear message sent to law enforcement from the court that it is not acceptable to lure a group of citizens into committing illegal acts and then to seek to prosecute them for the sole purpose of displaying false progress on social issues to the public," concludes McKeough.
