This is a letter to the forum section from today`s Hamilton Spectator written by the grandparents of slain teenager Matthew Daly. It is re-posted in its entirety and without edit and without prejudice.
Our grandson's killers got off lightly
By Fred and Eileen Bergman, Burlington
Matthew Daly was our grandson. He was an outstanding young man, loved by all who knew him. He had a great future ahead of him.
On May 19, 2001, he was ambushed and beaten to death by a gang of six to eight men armed with clubs and bats. You, the public, have read the details over the years. All five individuals charged, plus three others, allegedly were members or affiliates of a Hamilton gang, the Oriental, or Original, Blood Brothers. The four who attended the private party were recognized by their clothing and were asked to leave by the hostess and, later at her request, by some of the male partygoers.
Legal proceedings began shortly after the October 2001 arrests and continued for almost five years until the trial began. Over this period, our family had to listen to the details of Matthew's horrible death dozens of times. It was emotionally draining. The victim seemed to be forgotten during all the tactics, manoeuvres and grandstanding employed by some of the defence lawyers. Most of them showed little or no empathy for the victim but were totally absorbed in beating the system and in obtaining lenient sentences. The Charter of Rights and Freedoms is clearly there only to protect the accused, not the victim.
The action of one juror in hugging a defence lawyer in front of our family, after the client received a lenient sentence, was disgusting and reprehensible. Some lawyers need to learn there are only losers in such trials, and that grandstanding is deplorable.
Ten defence lawyers were in court almost every day court was in session, over almost five years. Most of the defence lawyers used everything they had to delay and extend court proceedings with useless rhetoric and vitriol, a lot of it aimed at law enforcement witnesses. It would last for days without accomplishing anything, except run up the lawyers' fees. We are all paying these fees through legal aid.
The two-for-one law -- two days counted for every day served before sentencing -- for those convicted of manslaughter after being charged with murder, is ludicrous. It must be changed. Matthew's killers received almost minimum sentences; their jail times range from a minimum of time served before sentencing to a maximum of another 7 1/2 years. One of those convicted was two months younger than 18 years old at the time of the attack; he can only serve a total of 7 1/2 years before release.
A murder conviction is supposed to be a life sentence. Is this justice, or a slap on the wrist? We all must get involved in repairing a broken system.
We must acknowledge the tremendous effort by Halton and Hamilton police, led by then-Sergeant Martin Power, and the Halton Crown's office, led by Brian O'Marra, in bringing the killers to justice. The first thing some defence lawyers do is to put the police on trial with vitriol, disrespect and unending questioning. They don't play fair.
We have great admiration and respect for the manner in which the police and the Crown conducted themselves with dignity when facing unfair, malicious attacks by the defence. We sincerely thank them for their efforts.
Peace,
Kenaz
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