Tuesday, September 06, 2005

Emery Update

Okay, I'm collecting the details on the latest twist in the Emery case, the filing of a citizen's complaint that I posted about below. Thanks to Tim Meehan for the info on how this works. It's actually good news.
Tim advises the complaint process is an extension of British common law, IIRC. Anyone can come before the court -- supposed to be a check on corrupt local officials who refuse to charge people from an obvious crime, I believe. The attorney general has the power to stop them if he has good reason: that is, if he thinks they are not in the public interest, among other things.

If the private prosecution goes through, and the charges are stayed, that means it is not considered a crime in Canada. Result: Extradition cannot occur.

If it proceeds to court and Marc gets acquitted, he has already been tried once. Double Jeopardy prevents him from being tried on the same charges again. Result: Extradition cannot occur.

If it proceeds to court, and he is convicted, he faces MUCH lighter Canadian penalties. Once he is done, he has served his time. Double Jeopardy means he cannot be tried for the same crimes again. Result: Extradition cannot occur.

As Tim says, I think he might have just done the Vancouver 3 a big favour. We live in hope. It would be delicious to see the DEA's evil plan get thwarted in this manner.

As far as Patrick Roberts, the citizen who brought this complaint - his story is even more interesting than it first appeared and will require a seperate post as soon as I gather a couple more details.


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