Judge acquits N.B. blogger on obstruction charge
Last Updated: Friday, November 24, 2006 | 11:53 AM AT
CBC News
A New Brunswick blogger who was arrested and charged with obstruction of justice while taking pictures at a protest in Saint John last summer has been acquitted.
Charles LeBlanc, who writes about poverty and politics on his website, was arrested and pinned to the ground by three police officers outside a business conference last June. A police officer later admitted to deleting a photo of himself from LeBlanc's camera.
LeBlanc maintained he did nothing different from any other journalist covering the event, but was singled out by Sgt. John Parks, the arresting officer.
Parks testified that he arrested LeBlanc partly because he was "scruffy" looking and carrying an unprofessional-looking digital camera. Parks also testified that LeBlanc challenged police authority at the event, and resisted arrest.
However, CBC videotape of the event, entered as evidence by the defence, contradicted police testimony that he was resisting arrest and causing problems, and Judge William McCarroll said the pictures proved beyond a reasonable doubt that LeBlanc did nothing wrong.
"There is such inconsistency between the testimony of Sgt. Parks and the CBC video that I find it unsafe to convict Mr. LeBlanc," he said in court.
McCarroll also said the officer had no right to look at or delete the photo from LeBlanc's camera without a search warrant, and that it should not have happened.
29 comments:
Bravo Charles!!!!Vive le Blogger!!! Vive Le Blogger!!!!
Congrats!
As a journalism student, I've been following this case very closely.
I was so happy to see the news on CBC.ca
Keep on blogging and stay safe!
So democracy in Canada or the world has been restored:) And you have become a hero .. in your own mind.
How about a new section on your blog called "Fashion Tips" and "Digital Camera Reviews" from the experts at the Saint John Police Force. ha ha
Congrats Charles! I may not agree with your politics but by the evidence you were clearly discriminated against.
Cangratulations!!
What I am surprised about is that the Sgt. John Parks will go scott free for violating your rights. And I am also surprised that this is called justice. If true justice were to be served then Sgt. John Parks should be charged with assault, lying (".....However, CBC videotape of the event, entered as evidence by the defence, contradicted police testimony that LeBlanc refused a police order to leave the conference centre and resisted arrest...") and the police should be fined a few million dollars for carrying out this outragious violation of a person's rights.
Please dont give up now and keep up the fight.
Congratulations, Charles.
I hope that this incident helps drive home the point that the system of justice can reach a fair and just conclusion.
There are some in our society that have given up faith in the system. If this incident restores a little of that faith, then it will have been worthwhile.
Kudos go to your lawyer also!
Well done.
It was a total waste of our Tax Paying Dollars. Is there anyway as a blogger that you could find out just how much this whole fiasco has cost us? That would be interesting and maybe we can see why there is so much financial hardship in Saint John. I was sure that you were going to be found not guilty because one thing for sure is that you do not lie and by the look of things the SJ Police Force cannot say the same. CONGRATULATIONS!!!!!!!!
Hi: from the beach in the south: congratulations!!!! and more!! well done!!
and the next move is to sue the pants off the police force and the arresting officers (all involved) individually and collectively.
and with the settlement money, you can get a new camera, with cell phone to download the pictures so that they will not be erased by mal-intentioned persons!!
david
Why hasn't the judge charged Sgt. John Parks with perjury? That would leave him with a criminal record and he'd lose his job (and his pension).
That might force more the police to stop abusing the courts.
Congrats!
Congratulations, Charles!! There was no doubt ever in my mind that you would be found not guilty. You are too intelligent to have persued this without just cause.
Now, I want to challenge you to go the rest of the way.
You have uncovered for all to see how the police will "create testimony" to justify their actions.
Having uncovered the fact that the police "did not represent the truth", and that you were clearly deprived of your rights for no other reason than " you looked scruffy", I would challenge you to continue the process you have begun uintil justice is totally served. That is:
1. you should be compensated for the violation of your rights, and
2.the police should be reprimanded for such unprofessional conduct during your arrest, and for their obvious mis-representation of the facts while under oath.
Good luck, Charlie. You are a tireless champion of the rights of all of us!!
Well done!!
A little bit of blog history. Glad to hear the good news, Charles.
It would be awfully ironic if you were able to fund (and expand) your political watchdogging entirely from a wrongful arrest suit.
I'm curious what the judge had to say. Charles?
Felistation Charles...Bravo!!
Thank goodness the judge was able to sort out the lies from the truth.(good ole CBC video tape) As to the harrasement and worry you have had to endure over these many months, Take them to court and punish them. That is the only way they will learn that they must treat ALL people with respect(even the scruffy ones) and with a little luck you just might pick up a few dollars for your pain.
Just heard you on CBC with Gary Mittleholtz. Great job.
My only regret about this whole fiasco in Saint John is that the same rules of evidence in provincial court don't apply to the extra-judicial New Brunswick Human Rights Commission.
Your complaint to the Commission about being wrongly dismissed from a labourer's job at the Legislature because of your political activity was such an obvious case of discrimination that it seemed to be a slam dunk (somewhat like this case appeared to be).
However, as you found out, the laws that govern the rest of society don't exist for the powers that be at the Legislature. A small cabal of politicians run the Legislature in the most undemocratic fashion and it's a darn good thing that the Saint John City Police don't have that kind of power because if they did, Charles - and many others like him - would be in jail or losing their jobs for having a political opinion that isn't popular with those who run the show.
Bravo Charles, and take my advice: do the New York Times interview!!!
I just heard about your case on "as it happens" on CBC radio!! Great job Charles!!! You are a prime example of the little guy getting trampled on by the long throws of injustice, in this case the Saint John Police Force. I also agree with the other comments that the arresting officer should be, at the very least disiplined for clearly violating your personal freedom.
I don't always agree with your views, but I do respect your conviction and determination when you believe in something...
Congratulations for the not guilty verdict!
Congratulations. Now remember next time you go to Saint John, maybe you can wear a T-shirt that says "Please do not arrest me and push my face into the ground, blogging is [u]legal[/u] in New Brunswick".
The fact that they used your blog, and the comment about "scruffy" by the officer was very weak, and really told the whole story.
DISCRIMINATION.
So I guess it's ok for there to be another voice in the media than just the guys who wear the ties.
[img]http://www.fluctuat.net/IMG/Neil-Young-center.jpg[/img]
here's what Neil Young would say
KEEP ON BLOGGING IN THE [u][b]FREE WORLD[/b][/u]....
Hey Charles! Way to go brother. I am very pleased that the Juge declared your innocence and you are now a free man. I wish you the best and hopefully will catch you at the Kitchen on Saturday for the supper meal.
Bravo Salut!
Michael G. Mckay Fredericton, NB.
Charles,
I read the whole newspaper article, brings me to ask you; why did you omit the positive comments the Judge made about the police response with respect to dealing with the protesters you accompanied ?
ask CBC!!!!
Congratulations Charles. You are an inspiration. If your lawyer is willing to continue the fight, I hope you will give consideration to further action that might bring the scales of justice closer to a balance. It is refreshing to see people who speak truth to power, and survive. Congratulations again,
Robert MacKay
Toronto, Ontario
Those to whom power is bestowed must also be subjected to a comparable criteria for professionalism and personal conduct in order to maintain the public's confidence and support. The disciplinary actions issued by this law enforcement agency should be interpreted a measurement of their tolerance for illegal arrest and search, obstruction of justice, and dereliction of duty.
We are waiting.
Those to whom power is bestowed must also be subjected to a comparable criteria for professionalism and personal conduct in order to maintain the public's confidence and support. The disciplinary actions issued by this law enforcement agency should be interpreted a measurement of their tolerance for illegal arrest and search, obstruction of justice, and dereliction of duty.
We are waiting.
Good job Charles; stay true to your job and don't stop the stories coming.
Now the NEB is our next hurtle in Saint Johm, getting rid of the Mayor and Councillors out of office. What a rough two years and more to go.
Charlie:
Thanks for striking a blow for Democracy in Saint John!
There has been little evidence of the democratic process or the defence of the common working/nonworking mans interests since the last municipal election!
You have balls Charlie! No on can dispute that! LOL!
It'll happen again. Now that he has an inflated sense of self and thinks he can do whatever he wants, it won't be long before he does cross the line and is justifiably charged with something he won't be able to weasel out of.
I heard about this on the radio here in Alberta. Any thoughts on the ramifications of this when it comes to blogging? Perhaps we are on our way to becoming a reliable source of information.
Well done...
Anonymous: 8:11 AM I think the previous poster was referring to the trial as the waste of taxpayer's money - and that was caused by the Police. Charles cost the taxpayers nothing - he should not have been arrested, and from what I understand Harold Doherty represented him pro bono (ie for free).
Contratulations to Charles and also to Harold, a good guy who did a stand-up job.
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