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Author Topic: A Santharian Petition for Justice  (Read 5561 times)
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Artimidor Federkiel
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« on: August 31, 2008, 03:19:07 AM »

Dear Santharians!

I urge you to read the following post in full, as it is important and needs everyone's attention. Thanks for taking the time.

As webmaster of the Santharian Dream I feel the strong obligation to act upon seeing severe injustice being done to one of our members or their family. Especially if said injustice furthermore represents a danger to the public in general. That's why I address the members of the Dream now:

The Tragedy

I'm referring to the case of Lucirina (Ana-Maria Salinas-Norbakk), a member we lost tragically in 2004, stabbed 34 times by her husband J.P. Mailhot after a marriage that lasted only a mere two months. In case you're new and don't know her story or want to refresh your memory, you can read more on our page on the site titled In Memoriam of Ana. We've also set up a fund to support Ana's little daughter, see the Juju Fund here. Contributions are always welcome!



The Sentence

It lasted no less than four years until the trial was finally over and the decision on a sentence was. All the half a dozen different versions J.P. Mailhot tried to bring up in order to defend himself (assisting in a suicide, a burglar had entered the appartment while he was away etc.) were eventually dismissed by the jury and was DECLARED GUILTY OF NON-PREMEDITATED MURDER of his wife, Anna-Maria Salinas Norbakk. Thus he automatically RECEIVED LIFE IMPRISONMENT. Endorsing the recommendation of the jury, Judge Jean-Guy Boilard imposed the minimum sentence to serve before being eligible for parole, which is ten years.

Therefore according to the sentence a review of the case wouldn't be possible before 10 years of prison had passed. With that we, and especially Ana's suffering mother Gunn, thought this dark chapter were finally over and closure could be found. Yet, two months after the sentence J.P. Mailhot, murderer of his wife with 34 stabs, was released from prison to walk the streets of Montreal as a free man.

The Appeal

Having lots of financial resources, J.P. Mailhot had already attempted during the trial to discredit all allegations against him with all kinds of loopholes, adjustments of his stories etc., adviced by one of the most powerful Canadian lawyers. He was free on bail on since February 2005, getting him temporary freedom - until the sentence.

Immediately after the trial was over, J.P.'s lawyer filed an appeal to the Superior Court of Quebec, claiming that Mailhot had no right to a fair trial. Whether an appeal is accepted needs to be decided by another group of judges, and until they get to this it might last 6 until 18 months. In the meantime the Judge of the Court of Appeal of Quebec, Yves-Marie Morissette, had to decide whether the culprit has to stay in prison as the sentence ordered, or whether he can go free on bail until then.

In a shocking decision the Judge Morisette appealed to Article 679 of the Criminal Code of Canada to justify his decision which considers that it is in the public interest to release the culprit immediatelyon bail. The assassin will benefit and regain his full freedom, although he was convicted by a jury aware of the seriousness of his crime.

How such a decision could be made, few people - if any who take the matter seriously - can understand. Myself included. As a Santharian who has always tried to bring people from various countries, religions, skin colours and what not together to work towards the same goals, I guess this is an opportunity to try to make our point clear.

How you can help

The decision by the Judge Morisette has already outraged the AFPAD/MMPFA (Murdered or Missing Persons' Families' Association), who sent out a press release asking for immediate reconsideration. The same thing was done by the Chilean Community of Montreal in order to put pressure on the government officials to take action.

I'm in contact with Gunn (Ana's mom) and the Committee “JUSTICE FOR ANA MARIA” , created in 2005 by members of the Chilean Community of Montreal and the MMPFA ("Murdered or Missing Persons' Families' Association"), which helps Gunn in her fight for justice. It was suggested that we also formulate our concerns in a letter to the Minister of Justice and Attorney General of Canada, Robert Nicholson, and to the Quebec Minster of Public Security/Justice, Jacques P. Dupuis.

To do so, I will work on a document (now completed, scroll down a bit further, see under teh caption Our Petition/Declaration of Solidarity) similar to the one the AFPAD/Chilean Community made. The intention is to add the names of Santharians to it from all over the world and send these documents to these people (one via regular express mail, the other via e-mail I guess). This way we'll show support for the case which is dear to us and where it is obvious that injustice is being done. Furthermore - independent from the case itself - letting a commited murderer run around on the streets of Montreal cannot be in the interest of anyone.

To confirm that you are supporting the document we're putting together (will be posted soon and attached to this post), we'd need an electronic signature from you, which means: Give your support by stating your name, and your nationality as a reply to this post (or if you better prefer to not post it here on the Forum, you can mail it to me to webmaster@santharia.com) and I will include it. If you have a title of some sorts, feel free to include it. The longer the list and the more people from various countries we get, the more impressive it will be and the more likely it should be to show some effect.

I will keep this thread open for one, maybe two weeks maximum and then send the mails. Please make sure that you have signed until then.


The Documents

I have personally translated various press articles from French to English that deal with the case (sentence, appeal etc.), included is also the decision of the Judge Morisette and both mentioned press releases. They will help you to get a proper picture of what is happening.

Articles/Press Releases of August 2008

Our Petition/Declaration of Solidarity

The official document we are about to send (names still need to be added of course) was now completed and can be downloaded here. Thanks go especially to Alysse and Bard Judith for helping me revise the document!

If you have further questions on the matter, feel free to ask.

Thanks in advance for everyone who is committed in helping out a member in need when the time arrives!

Yours sincerely Santharian Webmaster
Artimidor Federkiel



Below are the addresses/person profiles of the persons we're going to write, first a short summary on how the Department of Justice sees itself:

The Department of Justice

The Department of Justice has a dual mandate. This mandate derives from the dual role of the Minister of Justice who is also the Attorney General of Canada.
In support of the Minister of Justice, the Department is responsible for providing policy and program advice and direction through the development of the legal content of bills, regulations and guidelines. In support of the Attorney General, the Department is responsible for litigating civil cases by or on behalf of the federal Crown and for providing legal advice to federal law enforcement agencies and other government departments.

Mission

The Mission of the Department of Justice is to:
- support the Minister of Justice in working to ensure that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice;
- provide high-quality legal services and counsel to the government and to client departments and agencies; and
- promote respect for rights and freedoms, the law and the Constitution.

Values
People
- The Department's strength comes from all members of the organization, who are committed to working together on the basis of mutual trust, support and respect.
 
Integrity and fairness
- As public servants supporting the Minister of Justice and Attorney General, we are committed to respecting and obeying the law and upholding the highest standards of integrity and fairness.
 
Service
- We aim for excellence and constructive contributions in serving our Minister, the government and our clients.


Jacques P. Dupuis
the Minister of Justice is also the Attorney General and Registrar of Québec.




The Minister performs the duties assigned by the Government, and any duties that are not assigned to another government department.

Member for Saint-Laurent, Québec Liberal Party
Minister of Justice
Attorney General
Notary General of Québec
Minister responsible for professional laws
and
Minister of Public Security

More details on Jacques P. Dupuis can be found here.


The Honourable Robert Nicholson, P.C., Q.C., M.P. for Niagara Falls, Ontario
Minister of Justice and Attorney General of Canada



Rob Nicholson serves as the Member of Parliament for Niagara Falls, an electoral district in southern Ontario.

Born in 1952, Mr. Nicholson has been a lifelong resident of Niagara Falls, where he practiced law and was involved in municipal politics.

First elected to the Canadian House of Commons in 1984, Mr. Nicholson served in a variety of capacities, including Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, and Minister for Science and Small Businesses. Re-elected in 2004, he was appointed Chief Opposition Whip in January 2005.

In February 2006, Mr. Nicholson was named Leader of the Government in the House of Commons and Minister for Democratic Reform. In January 2007, Mr. Nicholson was appointed Minister of Justice and Attorney General of Canada by Prime Minister Stephen Harper.

Correspondence to the Minister of Justice
and Attorney General of Canada

If  you wish to receive a response to your comments addressed to the Minister of Justice and Attorney General of Canada, please include your return mailing address in your e-mail message. All official responses will be sent by regular mail.

If you wish to send correspondence addressed to the Minister through the regular mail, please use the following mailing address:
 
The Honourable Robert Douglas Nicholson
Minister of Justice and Attorney General of Canada
284 Wellington Street
Ottawa, Ontario   K1A 0H8
« Last Edit: September 01, 2008, 07:57:12 PM by Artimidor Federkiel » Logged


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Artimidor Federkiel
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« Reply #1 on: August 31, 2008, 03:20:06 AM »

I go ahead and provide my signature to this thread:

Mag. Christian Strobl / Austria.
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« Reply #2 on: August 31, 2008, 04:03:57 AM »

Ms. Faye Campbell/ Alberta, Canada

I remember the shock of her death. My government can at the very least give her her dignity.
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« Reply #3 on: August 31, 2008, 04:16:02 AM »

A murderer sentenced to life imprisonment should not be walking the streets like a free man. That's why it's called life imprisonment. I don't know what kind of laws they have in there, but this act is utterly detestable and absurd.

John Sy / Chinese Citizen, Philippines.
« Last Edit: September 02, 2008, 10:47:53 AM by Thorgas Ironforge » Logged

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« Reply #4 on: August 31, 2008, 04:19:07 AM »

Ms. Stephany Brasil / Louisville, OH

Closure:
10.   Psychology.
a.   the tendency to see an entire figure even though the picture of it is incomplete, based primarily on the viewer's past experience.
b.   a sense of psychological certainty or completeness: a need for closure.

How does her family and friends find this under such injustices?
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« Reply #5 on: August 31, 2008, 05:12:28 AM »

Mrs. Shara Thomas/Omaha, NE

He should pay.
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« Reply #6 on: August 31, 2008, 06:20:11 AM »

David Smart / Palm Bay Fl.
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« Reply #7 on: August 31, 2008, 06:22:51 AM »

Mr. Roger Smith / New York, NY
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« Reply #8 on: August 31, 2008, 10:44:45 AM »

Bring him to justice

Mr. John Jones/ New Zealand
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« Reply #9 on: August 31, 2008, 12:51:12 PM »

Mr. Brook Smith / British Columbia, Canada

Enough is enough. Violent CONVICTED offenders should be kept behind bars till proven otherwise. It's time to put a door stop in the revolving door of our judicial system, in memory of Ana and all those who's lives have been destroyed by violence.
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« Reply #10 on: August 31, 2008, 05:15:33 PM »

Judit Coppens, Belgium
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« Reply #11 on: August 31, 2008, 07:07:02 PM »

Roberto Cosme / Portugal

Living on a country as I do , that has one of the worst criminal justice in Europe this does not surprise me, it seems that even the great countries  are not immune to great injustice like this ...

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« Reply #12 on: September 01, 2008, 12:36:37 PM »

Andrew Hollis, British Citizen, Republic Of China (Taiwan).

Yeah, crazy decision, Judge Morisette.  If he takes another life whilst he's out then we'll know who to blame.
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« Reply #13 on: September 01, 2008, 02:06:13 PM »

I never had the privelage of meeting her, thanks to him.


Patrick J. Wanek

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« Reply #14 on: September 01, 2008, 06:32:29 PM »

The official document we are about to send (names still need to be added of course) was now completed and can be downloaded here. I'll add it as well in the intital post. Thanks go especially to Alysse and Bard Judith for helping me revise the document!

Thanks go as well to everyone who supported the cause, or is still going to add his or her signature.

P.S. Further currently absent long-term members will be informed soon about the petition as well.
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