"A PREVIOUS MISTRIAL WAS ALREADY CALLED IN THIS CASE AFTER DEFENCE LAWYER MITCHELL WORSOFF INSISTED THE CROWN HAD CONDUCTED "ILLEGAL" BACKGROUND CHECKS ON THE JURY POOL BEFORE JURY SELECTION BEGAN. A SECOND JURY POOL WAS BROUGHT IN, BUT WORSOFF SOON DISCOVERED THE CROWN HAD CONDUCTED BACKGROUND CHECKS ON THAT GROUP AS WELL, AND SO JURY SELECTION BEGAN ONCE AGAIN WITH A FRESH, "UNTAINTED" PANEL. ON FRIDAY, THE CROWN WAS AT THE BRINK OF CLOSING ITS CASE WHEN SUDDENLY THE JUDGE CALLED ANOTHER MISTRIAL;"
REPORTER TRACY MCLAUGHLAN; SPECIAL TO SUN MEDIA;
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Background: In a previous post I asked: "Why didn't Ontario prosecutors examine Dr. Charles Smith's qualifications a bit more closely over the years, pay more attention to court decisions suggesting he was biased towards the Crown and that that his opinions were seriously flawed - or at least share the existence of these decisions with the defence?"
My answer was that some prosecutors cared more about winning the case than the possibility that an innocent person might be convicted;
I buttressed my response with the story recently broken by the National Post that prosecutors in several parts of Ontario have been asking police to do secret background checks on jurors.
This controversy has lead to numerous requests for mistrials and could result in a bids to open numerous cases where accused persons have been convicted in the shadow of the illegal practice which taints a criminal jury trial from the outset.
The Charles Smith Blog is very much concerned with the question as to how far prosecutors will go to win the case and is therefore monitoring developments on a regular basis;
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A Barrie, Ontario trial which has foundered twice because of a tainted jury selection process, has now now been hit with a second mistrial.
The story, published earlier today, is told by reporter Tracy McLaughlan in Sun Media under the heading, "Judge declares mistrial -- again; Alleged street racer accused in deadly Hwy. 400 crash."
"BARRIE -- A jury trial in a high-profile street racing case was suddenly shut down Friday and the jury sent home," the story begins;
"The trial against alleged street racer Ravi Badhwar, 23, has been convoluted at best after it began June 1 and was originally set for only two weeks," it continues;
"Badwhar is charged with street racing causing death and failing to remain at the scene after truck driver David Virgoe, 48, was forced to swerve off the highway into a ditch and was killed June 18, 2007.
The Crown had called 13 witnesses -- many of whom testified they were terrified as they drove along Hwy. 400 when three vehicles suddenly began racing against each other and weaving in and out of traffic at speeds reaching 170 km/h.
Court heard the highway was filled with smoke and dust after drivers were forced to slam on their breaks in the middle of the highway.
The drivers of two of the vehicles have pleaded guilty, but Badhwar has insisted he wasn't part of the racing.
A previous mistrial was already called in this case after defence lawyer Mitchell Worsoff insisted the Crown had conducted "illegal" background checks on the jury pool before jury selection began.
A second jury pool was brought in, but Worsoff soon discovered the Crown had conducted background checks on that group as well, and so jury selection began once again with a fresh, "untainted" panel.
On Friday, the Crown was at the brink of closing its case when suddenly the judge called another mistrial.
In court, the trucker's widow and daughter broke down and cried after hearing the trial wouldn't continue.
Throughout the trial, the mother and daughter sat quietly at the front of the court, sometimes wiping away tears as the court was shown photographic evidence of Virgoe's tanker truck in a twisted heap in the ditch on the highway.
"I know the accused has a right to a fair trial," she said later in an interview, "but what about the rights of the victim? ... How long does this go on?"
There is a publication ban on the reason for this latest mistrial.
A new trial with a new jury is set to begin on Aug. 31.
Harold Levy...hlevy15@gmail.com;
