Part Two: The Phantom swing “sensed” by Michael Bryant

June 2, 2013

The case of Michael Bryant – A thorough investigation by the prosecution to acquit the defendant

Part Two

A cover story in Canadian Lawyer Magazine says Richard Peck is “considered a lawyer’s lawyer, the person to call when lawyers themselves get into trouble.” He is a defender and promoter of the legal profession. Peck believes you “do what you can to enhance its image and enhance its professionalism and assist those you work with.” Peck has a reputation as a precise user of language. “His language is thoughtful; he considers his words fully and truly in a way that only someone with the love for the English language can.”

As we go through Peck’s analysis and choice of words we are continually mindful of the words of Michael Code, his co-counsel in the Air India bombing case:

“He really cares about language,” Code says of Peck. “This makes him a really unusual lawyer, he loves the English language, and he thinks about the English language, he chooses his words incredibly carefully. So he is probably the best read lawyer of any lawyer I know, because he is just so thoughtful and careful about the way he uses language, real precision and care.”

We should also recognize, as Bryant proudly boasts, while he was a clerk for Supreme Court Justice Beverley McLachlin, he wrote the first draft of the majority decision (in Hundal v. Regina) that dealt with criminal negligence causing death. So Bryant was well aware of the legal requirements to defend such a charge.

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The case of Michael Bryant – A thorough investigation by the prosecution to acquit the defendant

June 1, 2013

The release of new documents and evidence by Darcy Allan Sheppard’s father has raised serious and troubling questions about the conduct of special prosecutors Mark Sandler and Richard Peck in the case against former Ontario attorney general, Michael Bryant. The documents released after three and a half years shed doubt upon many of the claims and statements made in court by Mr. Peck on May 25, 2010, to justify the withdrawal of charges against Michael Bryant.

A Bryant Watch investigation looked at each stage of the events on August 31, 2009, Bryant’s claims, the available evidence and how Mark Sandler and Richard Peck chose the evidence to support claims made by Michael Bryant. We will look at each stage of the investigation, what Sandler and Peck chose to investigate and more importantly what they chose not to investigate and ignore.

In a recent email to the Toronto Star, Mark Sandler wrote, “it would be difficult to find a case in which the prosecution more thoroughly investigated the allegations before determining that there was no reasonable prospect of a conviction.” Mr. Sandler would only be correct if he was referring to the lengths the prosecution went to ONLY investigate and corroborate unsubstantiated claims made by Michael Bryant.

This was a homicide case. Michael Bryant was charged with criminal negligence causing death and dangerous operation of a vehicle causing death yet homicide detectives were taken off this case and it was handed over exclusively to traffic services who are not as experienced investigating a homicide.

As an introduction to this case read the “Media Backgrounder” prepared by Allan Sheppard Sr. and released in conjunction with the new evidence.

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