(Times & Transcript) – A New Brunswick Mountie is no longer charged with assaulting his wife. Donald Ross Rose, a constable with J Division RCMP’s traffic unit in southeastern New Brunswick, appeared in Moncton provincial court yesterday morning with defence lawyer Scott Fowler. He was scheduled to stand trial on one summary count of assault against Florence Rose.
According to the information, the assault was alleged to have occurred on Dec. 29, 2010 in Sackville and the charge was laid on May 16.
While the matter was scheduled for trial, it only lasted a couple of minutes. Crown prosecutor David Plourde told Judge Alfred Brien he’d been instructed by the Attorney General’s office to ask for a stay of proceedings in this matter.
Fowler indicated to the court he’d been told about this last week and Brien ordered the stay, meaning the defendant is no longer charged with the offence. Plourde was asked after court why the stay was requested in the case, but referred questions to the Attorney General’s office in Fredericton.
“The file was reviewed and it was determined that it was not appropriate to proceed with a charge, at this time,” said Department of Justice communications director Paul Harpelle. “We are not able to comment beyond that.”
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I agree that we have to follow the system implemented in our society. Is this real “Justice” or “Justice according to Law”?
Justice must not only be done but appear to be done. Does the process in this case tell the truth no matter who it helps or who it hurts?
REAL JUSTICE DEFINED:: The act of insuring that no person is mistreated and guaranteeing that the person who needs the most help will get the most help.
Calvin Lawrence
Hot debate. What do you think?
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The power is the statutory version of the common law ***nolle prosequi*** whereby the Crown, through its chief law enforcement officer, has the absolute prerogative to prevent any matter from being prosecuted where the public interest is threatened by continuation of the proceedings.
The effect of a stay of proceedings has been described as putting the charge in a legal limbo. That is, the Crown may proceed on the same charge any time within 12 months by giving notice of recommencement to the clerk of the court. If no such notice is given within one year, “the proceedings shall be deemed never to have been commenced”.
Legal authorities support the proposition that the entry of a stay impairs the rights of the accused person to his or her civil remedies if he or she feels that they were wrongly brought before the courts.
Some prosecutors use the stay to cover their over zealousness in the first instances.
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The article is technically not correct.
If the charge was ’stayed’ and not withdrawn, the officer remains charged with the offence. The Crown has decided not to proceed with the trial.
This is often the case when there is enough evidence to proceed with a trial but the Crown is not proceeding for mitigating circumstances.