PRESUMPTION vis-à-vis CONVICTION
Friday, December 9, 2022 ~ column #7205
When we hear someone is found not guilty, are we clear on what that means, and can anyone know if an acquittal is equal to innocence or simply the avoidance of conviction?
Not guilty does not equal innocent.
Or it might.
Who is to know?
In our media-frenzied society, we cannot erase what we’ve heard or read. If someone is charged, then tried, they must have done something terrible, right? There are many such tempests in local teapots about people unknown outside their local community. On the other end of the spectrum, we learn of people in positions of great trust, responsibility, power and influence – so when they are charged and tried, the brush they get tarred with is the presumption of guilt rather than what their rights provide, the presumption of innocence.
An example of this the other day – not sensational by world standards, and likely to be soon forgotten outside Ottawa and the Canadian Military. He was a highly respected, high-ranking soldier, gaining a high profile because of his increasing responsibility in managing COVID-19-related matters.
He rose to prominence, someone whose name we heard every day until an abrupt diversion of his trajectory – we learned of charges for alleged previous offences and improprieties. Just as swiftly, he was separated from his employment. His efforts in the courts have been unsuccessful so far, but perhaps that will change soon since he has been exonerated.
He was derailed from his duties pending the outcome of charges, which resulted in a trial finished earlier this week.
Nobody, including the media, have ALL the facts. I suspect those in the courtroom only heard the admissible facts and admissible testimony, and the judge had to make a finding based on the preponderance and consistency of the evidence, not on anyone’s presumptions.
Not guilty.
However, that verdict is not a certification of innocence.
In our legal system, we believe that prosecutors and police investigate, arrest, charge and prosecute because they feel the offence took place and think they can achieve a conviction.
But what does everyone think when they don’t? Does that mean they fell short on their burden of proof, was there not sufficient evidence to prove the allegations beyond a reasonable doubt?
Or were they wrong? Was he innocent?
I’m insufficiently informed and haven’t followed the case.
I hope so.
Or do Canadians hearing a snippet or scanning a headline skeptically write it off as a non-sufficient evidence outcome or due to a miscarriage of justice vs. mistaken identity coin flip? For most Canadians, it’s forgotten by the next day – and completely out of their mind unless they get a reminder by extraordinary media coverage.
If he did what was alleged, being tarnished might be society’s justice, but if he is innocent as he claims, how can anyone get out from under that image or erase the allegations and trial?
But shouldn’t we accept the decision of the judge?
That skilled person saw all the evidence, heard all the testimony, and heard arguments by lawyers on both sides. I trust the judge’s view and welcome the freedom and exoneration of Dany Fortin.
As for you, soldier Fortin, your medals, rank, and responsible positions deserve respect and it is my hope you will continue to honour the uniform you wear. I hope our government reinstates and fully compensates you. I hope someone in high places apologizes. Most of all, I hope Canadian respect what you and your family have been through and keep our prying eyes out of your business so you can live peacefully and go about your patriotic duty without nosy media and meddling politicos getting in your way.
I won’t presume you were guilty or not guilty; I’ll assume you are innocent unless proven otherwise, which you weren’t. On behalf of fair-minded Canadians, thank you for your service and know that many Canadians appreciate what you’ve endured. Whether right or wrong, we live in a free country where everyone’s rights should be equal. The identity of your accuser remains secret, and your identity is now associated with a trial and not-guilty finding rather than associated, as it should be, with extraordinary service to our country in uniform.
It isn’t fair to have anyone presume they know something when they don’t have first-hand knowledge.
Reader feedback:
Congrats, Mark, on another successful alcohol free year. You should be so awfully proud of yourself … many can’t do what you’ve done. Does it get any easier year after year? Maybe you don’t know, because you never tempt yourself. I’m sure your family are extremely glad you made that decision so many years ago .. as you already know, alcohol has a capacity to entirely crumble family lives. I’m so happy for you and always look forward to this day when you write about your new path taken, BR, Calgary, AB
Hello Mark! As a daughter of an alcoholic father, I’m aware of the constant struggle of trying to maintain sobriety. Although he tried very hard to be/stay sober, he just wasn’t able to achieve it. When we last met, I remember you said this date was more important for you to celebrate than your birthday. I couldn’t agree with you more and as I see it, you could say that today is a day of being “re-born” again. Congratulations on another successful year! All the best, EM, Calgary, AM
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