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national | anti-capitalism | news report Thursday June 19, 2003 19:48 by john throne - labors militant voice loughfinn at aol dot com

John Clarke to be tried again

John Clarke to be tried again

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Subj: Comrade John Clarke to be tried again Please help see your local Canadian representative
Date: ThursdaySun June May191120032003 8:18:11 AM
From: Loughfinn
To: anti-cap-discussion@yahoogroups.com, ssp-notice-board@yahoogroups.com

For article and photo as printed in The Star see : http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1052251873242&call_pageid=968350130169&col=969483202845

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Jun. 19, 2003. 06:42 AMRENE JOHNSTON/TORONTO STAR
Poverty activist John Clarke emerges from court May 11, 2003 following a mistrial in the criminal case stemming from the 2000 Queen's Park riot. Flanking Clarke (l to r) are his co-accused Stefan Pilipa and Gaetan Heroux.

OCAP activist must face second trial
Charges dropped against two others from poverty protest
Queen's Park demonstration left 42 police officers injured

HAROLD LEVY
STAFF REPORTER

Anti-poverty activist John Clarke must stand trial once again on charges related to a demonstration that turned violent at Queen's Park, Toronto's chief prosecutor told court yesterday.
"The offences faced by Mr. Clarke are quite serious. They deal with an alleged plan to attack the Legislative Assembly of Ontario, the seat of democracy in this province," Paul Culver told Superior Court Justice David Watt.
"This attack caused significant injury and damage."
Culver said the June 15, 2000 incident led to 42 injured police officers, six injured police horses and thousands of dollars in property damage.
If convicted of inciting a riot and counselling others to assault police, Clarke could be sentenced to a maximum five years in penitentiary, he added.
But Culver dropped charges of participating in a riot against Clarke's fellow Ontario Coalition Against Poverty members Gaetan Heroux, 47, and Stefan Pilipa, 27, saying their roles were "relatively minor" and the crown would not have sought jail terms.
The first trial was aborted by Superior Court Justice Lee Ferrier on May 11, 2003, five days into the jury's deliberations, after the jurors sent him a letter saying they couldn't agree on whether prosecutors had proven there had been a riot.
The jurors also wrote that they were "frustrated, exhausted, and extremely emotionally upset, resulting in the hospital visit of one juror, a panic attack of another, migraine headaches and emotional outbursts amongst the group."
Defence lawyers, who estimated the aborted trial cost taxpayers about $1 million which they argued might have been better spent helping homeless people, asked Attorney-General Norm Sterling by letter not to put the three men through a new trial.
But Culver said there is a "reasonable prospect" that Clarke will be convicted at his new trial and that "it is in the public interest to prosecute this case."
He estimated that Clarke's trial, which is to begin on Oct. 7, would last four to six weeks.
Clarke, who remains on strict bail conditions that forbid him from participating in demonstrations, told reporters outside court that the decision to order a new trial was "politically motivated" and smacked of a "political vendetta."
"I think it is indubitable that we have managed to offend some people in very high places," he said.

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`I am quite astonished by the decision. ... To continue against Mr. Clarke is absurd.'
Peter Rosenthal, John Clarke's lawyer

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"The jury was divided for the reason that Ontario is divided politically under the regime of the Conservative party," Clarke added. "Those differences showed up in the jury room and unless they manage to cheat the law of probabilities they will show up in the next jury room."
Peter Rosenthal, Clarke's lawyer, told reporters that it was unfair to blame the violence on Clarke, because "the evidence makes it clear that a lot of what happened in Queen's Park on June 15 was due to the police, who mishandled the thing, were very aggressive and created lots of disturbance," he said. "It was a serious event that happened, but it wasn't Mr. Clarke's fault."
"I am quite astonished by the decision," Rosenthal added. "Mr. Clarke has already paid a serious price. He spent 27 days in pre-trial custody. To continue against Mr. Clarke is absurd."
Heroux drew a roar of applause from supporters gathered outside the courthouse as he ripped to shreds the crumpled bail papers which had restricted his activities for the last three years.
"Now we can go and fight for the poor people on the street, and we will fight for John," he said.
Pilipa charged that the government was "trying to cripple OCAP" and that "by putting John on trial, in effect they are putting our entire organization on trial."
After the hearing, Heroux, Pilipa and about 40 OCAP supporters walked from the University Ave. courthouse to the attorney-general's headquarters on Bay St., where they briefly occupied the lobby of the 11-storey building while insisting on a meeting with Sterling.
The OCAP supporters dispersed peacefully about an hour later after government spokesperson Brendan Crawley came down to the lobby, listened to their demand to drop the charge against Clarke and agreed to convey it to the attorney-general's ministry.
About 10 police officers took no action against the protesters.
On Spadina Cres., a dozen OCAP members delayed Premier Ernie Eves for 30 minutes and slowed rush-hour traffic during a peaceful standoff with police. Eves, who appeared flustered by those he dubbed "professional demonstrators," was making an appearance at the University of Toronto.
"I'm always willing to talk to people who have genuine concerns. Somehow I don't think that the people here were ready to listen," Eves said.
OCAP spokesperson Josh Zucker said the group wanted to show Eves "the real face of poverty" and vowed to ambush Tory events all summer.
"Just because they haven't called an election doesn't mean we're not going to start our campaign," said Zucker.
with files from Robert Benzie