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The case was the first of almost a dozen verdicts under appeal in the province over the checks, which also spawned an investigation by the provincial privacy commissioner last fall.
the officer had conducted the checks were turned over to the defence.
However, the Crown and judge made references to the screening during jury selection and, during the trial itself, police notes indicating Nike Air Max For Women 2017
While the prosecution failed to disclose that police had quietly done background checks on prospective jurors, the defence should have known about the screening from comments made by the Crown and judge as well as from police notes, the Ontario Court of Appeal found.
"Not a peep from a quintet of experienced defence counsel."
Normally, background checks can be done on prospective jurors to ensure a criminal conviction has not rendered them ineligible to serve on a jury, a process the Appeal Court called "logical."
Privacy commissioner Ann Cavoukian issued an order telling Crown attorneys to stop collecting any personal information on would be jurors beyond the allowed check for a criminal conviction.
The court found the prosecution did not actively disclose the vetting.
Tung Duong, 38, of Mississauga, Ont., Ibrahim Yumnu, 48, of Wasaga Beach, Ont., and Vinicio Cardoso, 39, of Toronto, were found guilty in the 2002 killings of Dung Ton and his wife Bong Bui after a nine month jury trial in 2005. The couple was killed in a field near Barrie, Ont.
In that case, the court found the jury selection process was unfair and had given the Crown an unfair advantage that "actually impacted on the selection of the jury."
degree murder convictions stand despite jury vetting
It was only during the appeal, which initially centred on the judge's charge Nike Air Max 2014 Women Price to the jury, that the defence argued the convictions were tainted because the Crown had secret information that allowed it to pick a favourable jury.
TORONTO Jury vetting might be a hot button issue but using the tactic in a first degree murder trial did not taint the convictions of three men, Ontario's top court ruled Tuesday.
In fact, the court found, the defence only jumped on the jury vetting when it became an issue in another case, years later, that was widely publicized by the media.
Eighteen of the 55 Crown attorneys' offices in the province had gathered personal information on prospective jurors since 2006, when the Ministry of the Attorney General finally issued a memo ordering an end to the controversial practice, first raised in 1993, Cavoukian found.
However, because information on jury candidates is bare bones, police also accessed databases that went beyond revealing criminal records.
was nothing to substantiate defence claims that the checks allowed the prosecution to obtain a favourable jury.
Ontario court found there Nike Air Max Hyperfuse On Feet
The ruling runs opposite to one in July, when Nova Scotia's Appeal Court ordered a new trial for a man convicted of operating a marijuana grow op because jury vetting had occurred.
In Tuesday's decision the Nike Air Max 2014 Mens Black
"Silence was the only response from defence counsel. No complaint of nondisclosure. No suggestion of any compromise of the right to make full answer and defence. Nor request for disclosure. Nor application for a mistrial or other remedy," the court ruled in upholding the first degree murder convictions against the men.
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