Judge’s decision in bizarre fight case naive
Re: “One of four charges sticks in bizarre fight”, (Citizen, Dec. 1)
This case was an example of the serious flaws in our legal system.
Judge J.P. MacCarthy’s decision seems naive in the extreme, given the evidence — that Whitehead was treated in hospital for the blow to his ribs and suffered a smashed hearing aid. What was missing from the story was the large age discrepancy (Whitehead is in his 70s) between the two men.
Whitehead is a highly respected environmentalist in the Cowichan Valley and beyond who does talks and leads tours for Elder College. The judge failed to apply the simplest logic in the case and the Crown failed to challenge the accused’s story in any way. We are all in deep trouble if a simple assault charge can’t be upheld, and will have to fend for ourselves rather than assume the legal system will protect us.
What is even worse is that the Cowichan Citizen missed an opportunity to ask a few more questions (or even add the ages of the two men). Disappointing all around.