[news] MISTRIAL!! (from OCAP)

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---------- Forwarded message ----------
Date: Sun, 11 May 2003 23:51:38 -0400 (EDT)
From: OCAP <ocap at tao.ca>
To: "ocap at lists.tao.ca" <ocap at lists.tao.ca>
Subject: MISTRIAL!!

MISTRIAL !!


On the fifth day of deliberations in the so-called 'Queen's Park Riot'
jury trial of John Clarke, Gaetan Heroux, and Stefan Pilipa, Superior
Court of Ontario Judge Lee Ferrier has declared a mistrial.

At 9:50 this morning,for the second time since deliberations began, a
juror was taken to hospital for stress-related reasons, and the judge
reconvened court in order to announce his decision to dismiss the juror.
While it is possible to drop up to 2 jurors, even during deliberations,
the circumstances of the previous days in this particular trial - the jury
sending a note to the trial judge describing their extreme exhaustion,
frustration, and division, including emotional outbursts and, most
importantly, a 9-3 split on whether or not the events on June 15th, 2000
at Queen's Park could even in fact be considered a 'riot' - led the judge
to pose questions to the jury this morning, as to whether or not they
could continue in their decision-making in a just and fair manner, in
accordance with the oaths they had sworn.

The jury responded to the questions with the following answer - 8 jurors
felt they could continue, 3 felt they could not. Upon confirming this
response with the jury, the judge declared that the trial could not
continue, and that he found it to be a mistrial.

While it is true that the defendants are theoretically still on trial,
until a decision with regard to re-trial is reached, and while this
decision will not be formally announced until June 18th in Superior Court,
the serious difficulty the jury had in breaking their obvious deadlock,
and their apparent inability to agree upon whether or not the events of
the day constituted a riot - the most fundamental premise of the charges
laid - is extremely significant. That the Tory government and the Toronto
Police were politically motivated in laying antiquated and serious charges
against three long-standing and deeply respected members of OCAP has
always been apparent - unless a government that shortchanges the people of
Ontario every single day is willing to put out even more than the
reprehensible amount of money it has already spent and to launch another
trial - this is a huge battle won.

Three years of stringent bail conditions, months in court, and years in
jail looming over their heads, the defendants and the organization as a
whole have refused to back down. Clearly, people living in Ontario have
been affected by the policies and realities of the Eves-Harris reign, far
beyond what is conveyed by polls and press.  The rage which brought people
to the steps of Queen's Park on that day in June runs deep.  The events
today should be seen as a vindication.

OCAP would like to thank counsel for the defendants - Peter Rosenthal, Bob
Kellerman, and Jeffrey House - for their diligence, commitment, untiring
effort and belief in the actions and principles of the men on trial. As
well, a heartfelt thanks to all those who attended the proceedings and
stood vigil during the past days, weeks, and months, and also to those who
sent messages and donations in solidarity and support.  And finally, to
all those June 15th defendants who did time, endured house arrest, were
found guilty, lived through stringent bail and probation conditions, and
continue to do so - to all those who stood up on that day and fought back.

As an organization that has had millions of state dollars thrown at it in
an attempt to shut it down, we wish to close this chapter with resilience,
in the wake of the failure of the state to neutralize forces of
opposition.  It is with this resilience that we send out the following
call, for another step forward in the fight in which the June 15th 'riot'
played such an important role.  As we move forward, we do so in the spirit
of those who have lost battles with judges and juries, and died at the
hands of politicians and police.


-------------------------------------

THE EVES GOVERNMENT MUST BE DEFEATED!

Since returning from his gold plated 'retirement from public life', Ernie
Eves has tried to suggest that his brand of Conservatism has more
'compassion' about it than came out of Queen's Park when Mike Harris was
in charge. This is nothing but a threadbare lie. He has reversed none of
the harsh measures that were adopted by the Tories during the period when
he was Finance Minister. The massive cut to welfare has been kept in
place. The Tenant Protection Act continues to put thousands on the
streets. The vicious Safe Streets Act is still there to enable cops to
harass those forced to beg on the streets.

It is more than clear that Eves wants to retain power so as to deepen the
attacks the Tories are dedicated to. He openly campaigned for greater
Canadian complicity in the US led slaughter in Iraq. His cohort, Bob
Runciman, assembles a special police snatch squad and shops for high
security jails to deal with so called 'illegals' seeking refuge in
Ontario. In the last number of weeks, reports of a set of vile new
policies, a 'Common Sense Revolution Part Two', have emerged. Eves wants a
two-year cap on the receipt of welfare, crackdowns on the homeless and a
ban on teachers' strikes. The only real difference between Eves and Harris
is a higher level of opportunism and dishonesty. In all other respects,
the apple hasn't fallen very far from the tree.

While they play for time and agonize over the calling of an election, the
agenda of the Tories becomes clear but ours is clearer still. There is
only one demand that can be put to a regime like that of Ernie Eves - "GET
OUT!"

The time has come to take our resistance to their constituency offices,
their public events and to the operations of their corporate backers. We
need a new level of opposition to the implementation of the Tory Agenda
and it is already beginning to take shape. In Belleville, the Tenant
Action Group has forced the County to step in and maintain hydro for
hundreds of families that Eves would have seen cut off. In Toronto,
provincially owned buildings are being identified with a view to their
being taken over as housing.

Regardless of election timing, a movement is called for that is
widespread, co-ordinated, capable of quick and decisive action and that
has Eves and his cronies squarely in its sights. Just as importantly, we
must make clear right now that the regime that follows Eves can expect no
peace if it leaves the damage done by the Tories unrepaired. OCAP will go
to the next Government as soon as it takes office with demands for:

  a.. Safe, accessible and affordable housing.
  b.. A minimum wage that is a living wage.
  c.. A social assistance system that enables people to live with dignity.

We hope that others will advance their just demands in the same spirit.

We are making plans for a series of actions against the Eves Government.

There are four immediate ways to get involved:

* If you live in Toronto and would like to work with OCAP directly, give
us a call. We can put you on a phone tree/e mail list that can be
activated when the Tories show their faces in this City.

* If you are elsewhere in the Province, we urgently need allies who can
organize the same kind of 'rapid deployment' mobilizing against the
Tories. There will be no more unchallenged baby kissing and ribbon cutting
for Eves and crew!

* If you work in an area that gives you access to information on Tory
plans and events, we need you to feed us that information. It's not
ratting when the target is Ernie Eves. Think of it as a morally superior
version of Crime Stoppers!

* Please watch for notices of a public meeting and other events coming
shortly.

We must not allow the Tories to prepare a second Common Sense Revolution.

We have to stop them and the time to act is now.

OCAP