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Rob Ford: Robbery, Possession of Stolen Property, Intimidation

Anbarandy

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Cellphone abandoned in confrontation with Mayor Rob Ford used 45 minutes later
Published On Thu May 3 2012 Toronto Star

Jennifer Yang Staff Reporter


A phone call was made from Toronto Star reporter Daniel Dale’s cellphone on Wednesday night at 8:37 p.m. — about 45 minutes after he surrendered his BlackBerry to Rob Ford in a heated confrontation behind the mayor’s home.

The Star has obtained phone records showing that a phone call was made from Dale’s BlackBerry to Robert Andreacchi, executive assistant to councilor Maria Augimeri, well after Dale left his cellphone with Ford.

During their interview with Dale Thursday, police also said his phone had multiple bars of battery life when they obtained it from Ford. Dale said his cellphone was completely dead when he gave it to the mayor.

On Wednesday, Dale was confronted by Ford in a public park behind his Etobicoke home while researching a story about the mayor’s bid to buy public land adjacent to his property. In his application to the Toronto and Region Conservation Authority, Ford said he wanted to build a security fence for his young children. It is rare for private individuals to request to buy public land.

The piece of land in question was actually a small parcel beside the mayor’s house. Dale mistakenly thought it was parkland behind the Ford home, however, beyond the mayor’s fenced yard, and that’s where he was standing when the mayor confronted him.

Dale said the mayor charged at him with a cocked fist, prevented him from leaving the area, and shouted repeatedly for him to drop his phone.

Dale said he eventually “threw” his phone, which had no power at that point, and voice recorder on the grass, “yelled that (Ford) could take them, and ran.”

Dale said he drove to a nearby gas station and borrowed someone’s phone to call the Star newsroom at approximately 7:55 p.m. Police say they were called about a “possible trespass” at Ford’s home at 8:10 p.m.

But at 8:37 p.m., someone using Dale’s cellphone called Andreacchi, whom Dale had phoned earlier that same day.

Andreacchi returned the call 13 minutes later but there was no answer. He then sent a BlackBerry message to Dale’s phone at 8:51 p.m., writing, “Hey. Saw I missed your call. Whatsup?” There was no response.

It is not known whether other phone calls or messages were sent with Dale’s phone, or if emails or data had been accessed. Ford gave Dale’s cellphone and recorder to police, who have obtained court authorization to keep it until the investigation is over.

Police say they have not used or searched the phone, which would require a warrant.

The Fords said they have security footage of Dale behind their house, which they have also turned over to police. They refused to release it to the media, however.

Dale was interviewed by police Thursday afternoon and has not been charged.

But if, in fact, Ford was the person who powered Dale’s cellphone and then used it, the mayor may have technically committed a crime, said criminal lawyer Reid Rusonik.

If Ford used force or intimidation to make Dale surrender his BlackBerry, then the phone would be considered property obtained by crime, Rusonik said.


He explained the situation would be the same as if someone were to approach a woman on public property and demand that she hand over her purse.

“It’s no different than if you’re walking along the street and somebody says to you, ‘Drop your purse and get the hell out of here,’ and makes you think, with a cocked fist … that you’re going to get beaten if you don’t do it,” he said. “And then they go through your purse — your purse is, at that point, property obtained by crime.”

Dale said he felt physically intimidated by Ford on Wednesday, to the point where he “became more frightened than I can remember.” The mayor himself has acknowledged in a radio interview that he debated whether or not to hit Dale.

“Honestly, I was so upset, I didn’t know if I was going to hit him or not,” Ford said in a radio interview with NewsTalk 1010 Thursday afternoon. “And I said, ‘No no, just keep your cool, Rob, keep your cool.”

On Thursday, Ford did a flurry of media interviews reiterating his claim that Dale was standing on cinder blocks behind his home and taking photos of his backyard. He said his neighbour, who alerted him to the man behind his property, also saw Dale on the cinder blocks.

Dale said he did not climb onto the cinder blocks — or even knew they were there — and said he only took photographs of some trees and Ford’s backyard fence shortly before his phone battery died.

Ford also told Newstalk 1010 that he will no longer be speaking to city hall reporters if Dale is present in the media scrum. In another interview later that same day, he amended his position to say he will refuse to speak with reporters if any Star reporters are present.

The mayor is calling for the Star to remove Dale from the city hall beat. Star editor Michael Cooke said he has no plans to do so.

“Mayor Ford is not in a position to be dictating the assignments of reporters who cover him,” Cooke said. “We have no plans to restrict Daniel Dale from attending any press conferences or scrums he would normally cover as a city hall reporter. We don’t tell Mayor Ford where his staffers should be based, we would appreciate the same courtesy.”

At City Hall Thursday, Councillor Giorgio Mammoliti, a supporter of the mayor and member of Ford’s executive team, said that family should be hands-off to the media. He probably would have reacted the same way Ford did, he said.

“Are we in a state of paparazzi now in this city, adopting the United States’ way of dealing with media? I hope no,’’ Mammoliti said.

But other councillors were critical of Ford’s behaviour. Left-leaning councillor and Ford critic Glenn De Baeremaeker said the mayor might need anger management counselling and should apologize to Dale.

“If the mayor truly had concerns he should do what anyone else does and just pick up the phone and call 911. But the mayor actually had to go out of his way to engage in a confrontation,” he said. “I think it’s very unfortunate and I think the mayor acted very inappropriately.”

This was purely over the top,” he continued. “I can’t see that he thought his family was being threatened in any way, especially when somebody said, ‘I’m a reporter.’”

Councillor Shelley Carroll, another frequent Ford opponent, said the mayor’s chronic “overreactions” are starting to make Toronto look bad.

Wednesday’s incident “takes us into the realm of, one could almost say, international embarrassment,” she told the Canadian Press on Thursday.

Political watchers outside city hall are also cringing at Ford’s behaviour, which is making him come “across as a thug,” said Graham White, a political science professor at the University of Toronto.

He added that Ford’s threatened media blackout is “absolutely appalling.”



Yes folks we don't need no damn thug and criminal as a Mayor. Call him what you want, but it looks like he may have committed criminal offences. People don't want a criminal thug-erizing the mayor's chair. People want a mayor, a mayor, a mayor and not some thug and criminal in the mayor's chair.

Enough of this loose cannon, thug and criminal......people want a fucken MAYOR.
 

Moviefan-2

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Oct 17, 2011
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The Toronto Star's efforts to turn this event into the crime of the century are hurt by the fact the central reporter is such a coward.
 

Anbarandy

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Apr 27, 2006
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The Toronto Star's efforts to turn this event into the crime of the century are hurt by the fact the central reporter is such a coward.
Crimnal Code of Canada

343. Every one commits robbery who

(a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;
(b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
(c) assaults any person with intent to steal from him; or
(d) steals from any person while armed with an offensive weapon or imitation thereof.

The only coward I see is Rob Thug.
 

fuji

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Jan 31, 2005
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The Toronto Star's efforts to turn this event into the crime of the century are hurt by the fact the central reporter is such a coward.
The reporter's own less than flattering account of his own cowardice does, however, add to the sense that he's telling the truth.
 

Anbarandy

Bitter House****
Apr 27, 2006
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The Toronto Star's efforts to turn this event into the crime of the century are hurt by the fact the central reporter is such a coward.
Criminal Code of Canada

322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

The only coward I se is Rob Thug.
 

Anbarandy

Bitter House****
Apr 27, 2006
11,258
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The Toronto Star's efforts to turn this event into the crime of the century are hurt by the fact the central reporter is such a coward.
Criminal Code of Canada

354. (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from

(a) the commission in Canada of an offence punishable by indictment;
or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.


The only coward I see is Rob Thug.
 

Moviefan-2

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fuji

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Perhaps. I still think most people would agree with what Kelly McParland wrote yesterday, that both sides look pretty silly in this whole thing.
Certainly. But only one of them relies on public opinion to keep his job. I also doubt that Ford is going to be charged with mugging--but his actions do technically amount to that. Plainly he was in the wrong.

Dale should have stood his ground, and should have been professional enough to have had a working camera, so we could all see your snarling darling in all his mouth frothing glory.
 

Aardvark154

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Jan 19, 2006
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Criminal Trespass laws are much weaker in Canada than in the U.S. In Ontario it is covered by the Trespass to Property Act (R.S.O. 1990, Chapter T.21) with a potential fine of $2,000.
 

fuji

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Criminal Trespass laws are much weaker in Canada than in the U.S. In Ontario it is covered by the Trespass to Property Act (R.S.O. 1990, Chapter T.21) with a potential fine of $2,000.
Moreover, you aren't going to be charged with criminal trespass while in a public park.... even if you believe Ford's version of events, verbatim, Dale was in a public park and not on Ford's property. What you actually should be looking up are what criminal penalties accrue to someone who blocks another person's exit from a public space, to a public space, through a public space.
 

Anbarandy

Bitter House****
Apr 27, 2006
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The Toronto Star's efforts to turn this event into the crime of the century are hurt by the fact the central reporter is such a coward.
Crimnal Code of Canada

423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
(c) persistently follows that person;
d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
(f) besets or watches the place where that person resides, works, carries on business or happens to be; or
(g) blocks or obstructs a highway.

The only coward I see is Rob Thug.

Rob Thug should rightfully be charged with a minimum of 4 criminal offences. That is some early evening rampage.

Throw the book at him!
 

Aardvark154

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Moreover, you aren't going to be charged with criminal trespass while in a public park.... even if you believe Ford's version of events, verbatim, Dale was in a public park and not on Ford's property. What you actually should be looking up are what criminal penalties accrue to someone who blocks another person's exit from a public space, to a public space, through a public space.
The article in the Star is confusing but it states:

The piece of land in question was actually a small parcel beside the mayor’s house. Dale mistakenly thought it was parkland behind the Ford home, however, beyond the mayor’s fenced yard, and that’s where he was standing when the mayor confronted him.
That sounds like The Toronto Star is admitting that it was private property.
 

Anbarandy

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5hummer

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Sep 6, 2008
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Bottomline: Our Toronto mayor is an idiot!

The reason is obvious -- he should have called 911, police or security to handle this. This guy could have been a psycho or terrorist.

Thankfully, the city hasn't been affected by any city-wide emergencies (like a Snowmageddon), I imagine our "mayor" wouldn't know what to do in times of emergency.
 

Aardvark154

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fuji

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Aardvark154 said:
The article in the Star is confusing but it states:

That sounds like The Toronto Star is admitting that it was private property.
No, he was on the wrong bit of park, not the park area the mayor is buying, another piece of the park. The Mayor's property is enclosed by a fence and even Ford says the confrontation was outside the fence, in the park beyond. Certainly not on the mayor's side of the fence.

The mayor claims Dale was standing on blocks looking over the mayor's fence. The reporter denies that, but the Mayor's accusation clearly places him outside the fence.
 

shack

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Certainly. But only one of them relies on public opinion to keep his job. I also doubt that Ford is going to be charged with mugging--but his actions do technically amount to that. Plainly he was in the wrong.

Dale should have stood his ground, and should have been professional enough to have had a working camera, so we could all see your snarling darling in all his mouth frothing glory.
IMO, if Dale has aspirations to be a serious journalist, he should remove himself from this kind of coverage and avoid getting put in the middle of the Star and Ford and getting dragged further down into the mud. I will make sure to tell his father the same.
 

larry

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that was no professional. a pro would have got the shot. that's what they do.
 

fuji

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IMO, if Dale has aspirations to be a serious journalist, he should remove himself from this kind of coverage and avoid getting put in the middle of the Star and Ford and getting dragged further down into the mud. I will make sure to tell his father the same.
Nope. If we followed that sort of authoritarian logic then anytime any politician didn't like the way they were being covered by a particular paper or journalist, they could just throw hissy fit and demand the journalist be removed from the story "like Dale was removed from the Ford story". Very dangerous precedent. There is a basic freedom/independence of the press issue here. Ford does not get to choose the way he gets covered, nor does he get to write the stories, nor does he get to decide which reporters are entitled to write about him, or what they are allowed to say.

Dale has done nothing wrong, he was entitled to be there, he was writing up a story, it was an appropriate way to go and check the facts. It's not his fault that his subject behaves like a trailer trash.

The real story here is that Ford doesn't like the way the Star covers his lies, misrepresentations, and bullshit so he throws immature hissy fits.

Tough, if he can't take some bad press, he shouldn't be in politics.
 
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