(This
column was published in the North
Shore News on
Aug. 12, 1998)
Justice is
blind
By Leo Knight
RECENT
days contained news about two striking examples of a justice
system in absolute failure.
Dwight
Allan Swanson is a life-long sex offender. He has been in and
out of the revolving door of justice most of his life. His
criminal record stretches over a 38-year period.
Last
year he was released from his latest stretch in jail. Police
allege Swanson tried to lure an 11-year-old Agassiz girl into
his home by offering her a babysitting job for non-existent
kids.
A
couple of months later, he allegedly sexually assaulted a
teenaged hitchhiker who declined to have sex with Swanson. Apart
from being brutally raped, she also had her leg broken --
deliberately -- by her attacker.
This
incident occurred last July. In November, Swanson was charged
with the crime. It was for this alleged offence he was released
on bail. But it didn't end there.
When
he was released by the court, he was given conditions to stay
away from places where children congregate. It should be noted
the police strongly opposed his release. No shock here, they
were ignored by the court.
Under
strict, but not strict enough, bail conditions, he was again in
custody, this time for breaching his bail by communicating with
kids in Burnaby's Central Park.
Once
more in front of the court, this time, on July 9, he got 30 days
for the breach. He was released 20 days later (two thirds
mandatory release) but for some inexplicable reason, the courts
decided again to release him onto an unsuspecting public despite
the vehement opposition by police.
The
cops, who, not surprisingly, knew what they were talking about,
put surveillance on Swanson immediately on his release from
court. They knew it would only be a matter of time until he
either breached his bail conditions or re-offended in a more
serious manner.
Vancouver
Police spokesman, Sgt. Gord Elias, said after Swanson's arrest,
"He was released at 8:30 in the morning. We followed him
out on a bus to New Westminster. He then hopped on a Skytrain to
Surrey. He then hopped on another bus and went directly to the
community centre and wave pool -- and he was in contact with
children under 14 years -- and he was arrested. Within three
hours of being released from jail, he violated his bail."
A couple of bus trips and a sky train ride and all the way to the Newton Wave Pool. Funnily enough, he didn't have a bathing suit with him. The bulk of the patrons of the pool were kids. The police did the appropriate thing and arrested him for breach of his bail conditions as soon as he had contact with a child but before he got the chance to harm anyone.
But,
what might have happened if the police didn't proactively put
the sex offender under surveillance? Whose child might have been
sexually assaulted or even killed had the cops not had to clean
up the courts mess? Yours perhaps?
While
this sick piece of work is still in custody pending a bail
review, it must be presumed that even a blind, deaf and dumb
judge will realize this man must be locked up to protect
society. Surely he'll be kept in custody this time pending
trial.
With
a 38-year criminal record and a history of ignoring the courts,
you'd almost think someone in the system would realize this man
is beyond any hope of rehabilitation.
*
* *
On
a recent Friday night gunfire erupted on the streets of
Vancouver's Mt. Pleasant.
Two
VPD bike cops attempted to check some suspicious characters at
Broadway and Fraser Street. One bolted and a foot pursuit
resulted. During the chase, according to media reports, over 15
shots were fired in a running gun battle.
Fortunately
no one was hurt except the suspect, one Arthur Douglas
MacDonald, a 30-year-old career criminal unlawfully at large
from a work release program at Agassiz's Elbow Lake Prison. He
hadn't reported to a parole officer since April.
MacDonald
is under a lifetime prohibition from possessing firearms due to
previous firearm-related offences according to Sgt. Elias. Now
he is charged with attempted murder of two police officers.
In
the car driven by the suspect, police found a machete and two
balaclavas. A toaster oven to the first person correctly
guessing what these guys were up to before police interceded.
Why
he was not in a maximum security institution to ensure the
protection of the public is anyone's guess.
*
* *
These
two cases illustrate the problems police are facing on the
streets today. Neither Swanson nor MacDonald should have been
out on the streets putting the public at risk. Yet, because of
an incompetent, ineffective court and correction system, both
were free. A couple of weeks ago, I played golf with the newly
appointed Assistant Attorney General of the state of New Mexico.
He
was asking about the Gillian Guess case. I gave him chapter and
verse starting with the Dosanjh murders, the bloody execution of
innocent Johal neighbor, Glen Olsen and ended with a description
of the Guess circus. He looked at me with a puzzled look on his
face. "Confused?" I asked.
"No,
not on the details," he said. "But I don't understand
why those guys were on bail and had the chance to get into the
relationship with the juror in the first place."
I shrugged sadly. How could I explain to him that the protection of the citizens of British Columbia just doesn't seem to matter?
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