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Beating Accused Fear Backlash
Beating Accused Fear Backlash - Markham Economist & Sun- September
9, 1999, By Jennifer Brown
A lawyer defending one of the teens charged in the Jonathan Wamback attack fears his client has already been convicted by an
angry community.
Markham lawyer Steve Brown pointed out the hallmark of the Canadian justice system is the presumption of innocence until
proven guilty. He said the public pressure in this case is difficult for his client. [ Webmaster's note - how can he
possibly talk about his clients being under pressure ? What about the pressure the Wambacks have been under for the last three
months ? - Give us a break...]
"It's very difficult to handle when its an adult and, in this case, we're talking about a young person who feels pressure more
than adults," Brown said. "It's also difficult not to be able to tell your story and, at the same time, have a lot of people
in the community prepared to have your strung up".[ Webmaster's note -
Strung up? Who is he kidding? - Under the Young Offenders Act nothing will happen to these kids and everyone knows it. All we
want is for the judge to consider imposing a sentence for what they did.- to send them some kind of message that they can't do
whatever they choose and get away with it ...].
Wamback was attacked June 29 while he was walking in a park near his home in Newmarket. He sustained a serious brain injury
and remains in a coma at the Bloorview MacMillan Centre.
Three Newmarket teens have been charged with attempted murder in the attack, and all three were scheduled to appear in court
briefly today.
More than 200 people were expected to attend the brief court appearance in support of the Wamback family's campaign to toughen
the Young Offender's Act.
Jonathan's parents, who have remained at his bedside throughout the ordeal, spearheaded a nation-wide petition seeking tougher
penalties for violent teenage criminals.
Supporters have distributed Wamback's petitions to scores of stores and restaurants throughout the region, along with flyers
urging people to join today's courthouse protest.
"We've checked with police and, as long as we don't impede traffic or pedestrian traffice, or name anyone (of the accused
teens), we're OK, " supporter Cheryl Taylor said.
Today's court appearance was expected to last only a few minutes in order to set a date for a hearing on whether the case
should be transferred to adult court.
If the three are tried as adults, they would face much harsher penalties than the maximum three-year jail term allowed under
the Young Offenders Act.
"There is no evidence being called on Thursday. We're still trying to compile disclosure", Brown said. "I hope people
something else to do other than to follow this thing around." [ Webmaster's note - We have a lot of other things to do with
our lives but if people are this upset about it maybe there's a reason? ]
Brown says that he hopes any crowd that does gather will not disrupt the court and that they remember there is a process in
place that must be followed.
Despite the intense media coverage and public outcry the case has received over the past two months, Brown is confident that
his client can still receive a fair trial.
"If tried in young offender court by a judge alone, the judge can put aside the community feeling" he said.
"But if we are unsuccessful in transferring back (to young offender court), it is possible, if it is a jury trial, it would be
a different situation."
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