From the WTF files....Our Two Tiered Legal System.

petros

The Central Scrutinizer
Nov 21, 2008
109,389
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Low Earth Orbit
Edmonton cop with alcohol in blood gets absolute discharge


An off-duty Edmonton police officer who was caught driving with alcohol in her blood in Saskatchewan was able to walk out of court without a criminal record.

Sgt. Cheryl Wallin had open alcohol in her SUV and a blood alcohol level that was twice the legal limit — but she left a Humboldt courtroom with an absolute discharge.

The incident took place in July, 2010. While off duty, Wallin was pulled over by RCMP on the highway outside Lanigan, Sask., according to records recently obtained by CBC News.

Other drivers had reported an SUV swerving across lanes and onto the shoulder near the town, which is about 125 kilometres east of Saskatoon.

Wallin, who's spent 23 years on the Edmonton force and has 15 awards and commendations, was charged with impaired driving.

Last year, she went to court in Humboldt.

There, she pleaded guilty to a lesser charge of dangerous driving and was given an absolute discharge, which can leave an accused person without a criminal record.

CBC asked the Saskatchewan Justice Ministry why Wallin was not tried for impaired driving.

On Friday, the director of prosecutions for the ministry, Lane Wiegers, said Crown lawyers did not believe they could win the case on the more serious charge relating to the blood alcohol content readings.

"The admissible evidence has to support conviction," Wiegers explained. "And there was a question as to whether or not the readings could be admissible evidence, and a very large question at the end of the day."

Meanwhile, Wallin's actions also resulted in internal discipline under the Alberta Police Act.

She pleaded guilty to discreditable conduct under the act and was suspended without pay for two weeks.
 

skookumchuck

Council Member
Jan 19, 2012
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Van Isle
"Sgt. Cheryl Wallin had open alcohol in her SUV and a blood alcohol level that was twice the legal limit — but she left a Humboldt courtroom with an absolute discharge."

Why would CBC make a statement like that if crown counsel was in doubt about the charge sticking? Either there was question about what test was administered, how and when, or a CYA is happening.

Link?
 

L Gilbert

Winterized
Nov 30, 2006
23,738
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50 acres in Kootenays BC
the-brights.net
"Sgt. Cheryl Wallin had open alcohol in her SUV and a blood alcohol level that was twice the legal limit — but she left a Humboldt courtroom with an absolute discharge."

Why would CBC make a statement like that if crown counsel was in doubt about the charge sticking? Either there was question about what test was administered, how and when, or a CYA is happening.

Link?
http://www.cbc.ca/news/canada/saskatchewan/story/2012/08/31/sk-edmonton-officer-gets-absolute-discharge.html
 

skookumchuck

Council Member
Jan 19, 2012
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Van Isle

Thanks LG,
I guess we still have to take CBC's word for it about the blood alcohol reading or have a transcript of the court session. Sounds very suspicious but i won't hang anyone on hearsay evidence.
That being said (i know that is trite but), more investigation seems to be needed, but either there is no hard evidence for CBC to use or no will to go there.
 

Niflmir

A modern nomad
Dec 18, 2006
3,460
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Leiden, the Netherlands
"Sgt. Cheryl Wallin had open alcohol in her SUV and a blood alcohol level that was twice the legal limit — but she left a Humboldt courtroom with an absolute discharge."

Why would CBC make a statement like that if crown counsel was in doubt about the charge sticking? Either there was question about what test was administered, how and when, or a CYA is happening.

Link?

A conviction or lack there of is not a substitute for the truth. Many times the court cannot admit evidence because of technicalities, and often juries convict based on a mountain of circumstantial evidence (otherwise innocent people would never be thrown in prison). Juries and judges see the same evidence (sometimes less) that the rest of us get to see.

In this case the crown attorney is stating that the evidence might not have been admissable. Maybe it was taken too long afterwards, or they didn't do a blood analysis because the breathalyzer was so overwhelming, who knows.
 

spilledthebeer

Executive Branch Member
Jan 26, 2017
9,296
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Thanks LG,
I guess we still have to take CBC's word for it about the blood alcohol reading or have a transcript of the court session. Sounds very suspicious but i won't hang anyone on hearsay evidence.
That being said (i know that is trite but), more investigation seems to be needed, but either there is no hard evidence for CBC to use or no will to go there.

Hear! Hear! It sounds like fresh ripe, steaming, straight from the back of the Bull, organic fertilizer....but this IS the price of letting LIE-berals screw with our legal system! Over EIGHTY PERCENT of ALL criminal cases are handled JUST THIS WAY! Plea bargained out of existence!

Some years back I got up at 4 am to confront some drug addled dork trying to hot wire my car. Knucklehead pulled a pocket knife but did not get the blade open before I trampled his face in the mud.

It went to trial- the kid was a 16 year old welfare bum and hard core meth addict out on bail for SIXTEEN previous car thefts- and these are only the ones he was caught red handed at! His last stolen car was totalled when he ran a red light and `T` boned another vehicle- the other driver suffered life threatening injuries including fractured ribs and punctured lungs and serious head injuries- withj kid out on bail and back on welfare in 24 hours- only to meet up with me.

At our `trial` the kid informed the judge his lawyer had not showed up- due- as the cops pointed out- to the kid taking one look at me and phoning his lawyer and explaining: the witness is here......so lawyer runs and hides.....trial POSTPONED- and its LEGAL.

And when ask when the new trial will occur, the cops look me in the eye and say: there will be NO TRIAL till you-the witness- STOP showing up! And the cops were right!

This fresh ripe pile of legal fertilizer was plea bargained and a year later I was informed that MY KNIFE- the one I took off the kid- was no longer needed as evidence and I could pick it up at the local station. This is LIE-beral justice in the raw!

And the kid- he did 6 months at Holiday Innis- the youth facility on Innisfil Road! Such is LIE-beral justice!

And the KICKER? The same drug addled dork was arrested 20 years later trying to steal gas for his latest stolen car!