This past week saw Gary McHale's trial turn into a preliminary hearing due to the Crown's announcement that they had misread the criminal code and they could no longer proceed with a summary conviction. Mr. McHale was given the weekend to decide how to proceed and on Monday he requested a trial by Judge and Jury in Superior court. Mr. McHale continues to be self-represented.
Mayor Trainer was called by the defense and testified to the following: 1) That McHale is no danger to the community; 2) McHale is an advocate for the people; 3) McHale is non-violent; 4) Two Tier Justice exists in
Under cross-examination by the crown the Mayor stood her ground on the issue of Two Tier Justice and after 40 minutes of questioning she had testified that her view was based on the following: 1) Her personal observation; 2) Statements by OPP officers; 3) Statements from retired OPP officers; 4) Reported incidents from residents.
She testified that when the
The Mayor also testified that she went with Merlyn Kinrade to the
OPP Officer MacDonald took the stand and reported that on Dec. 1, 2007, after Doug's Protest was over, he was ordered to 'relieve' the people blocking the
Officer MacDonald also testified that a native driver drove his car into him twice and only stopped when he told the driver he would pull his gun if the driver attempted to hit him again. At this point the passenger went to the smoke shop and got others to come back as the driver pushed the officer around. An OPP
Commissioner Fantino took the stand and immediately answered almost every question with "I don't remember". He could recall telling the public that McHale had an 'agenda of violence', filed 'frivolous lawsuits', 'incited violence' and that McHale wanted a 'civil war'. However, after McHale questioned Mr. Fantino on how he came to such beliefs the Commissioner provided no evidence for any of his stated beliefs. The Commissioner replied saying he couldn't remember any details about any statements or activities by McHale that caused the Commissioner to form his conclusions.
Fantino was absolutely clear that officers had been hurt protecting McHale and told the court that 40 officers had been injured in
The Commissioner stated, "We have always identified you as the leader in every event in
Under questioning the Commissioner admitted that the OPP videotape McHale's events and have officers there to take notes. He also stated that there was no video evidence or anything recorded in officer's notes that show McHale had committed any crime prior to the
The Commissioner stated that he treats Native and Non-Native Protesters the same. He admitted to face to face meetings with several Native Protesters and that they also had his cell phone number. The Commissioner admitted he has never met with Merlyn Kinrade, Doug Fleming, Gary McHale and said he has never had any direct communication with any non-native protester.
The Commissioner also admitted that he has never criticized any Native Protester publicly in
When the Commissioner was shown the video of
The Commissioner also admitted he did tell his officers to disregard the views of the Crown because they were 'timid' and 'feeble'. Fantino read off his email in which he told his officers that even if the court didn't agree with the OPP it still was beneficial to proceed as a way of 'publicly exposing' McHale as a 'Mischief Maker'.
In general the Commissioner was fixated on McHale throughout the whole testimony. As McHale asked questions the Commissioner found ways to make remarks against McHale. Several times McHale had to tell the Commissioner to answer the question because Fantino was trying to make some point unrelated to the question that was asked.
The preliminary hearing is adjourned until
Submitted by Gary McHale