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
Showing posts with label matthew daly. Show all posts
Showing posts with label matthew daly. Show all posts
Saturday, March 10, 2007
Saturday, February 03, 2007
Justice slaps the Daly family in the face
Ontario Superior Justice Fletcher Dawson gave Stephen Papadopoulos an extra day in jail on top of the five years and three months he has spent in custody awaiting his trial for his part in the beating death of Matthew Daly in 2001.
A jury had earlier convicted him of manslaughter and the judge concluded he had driven some of the killers to the scene, but hadn't participated in the fatal attack. The jury had also convicted Sam Nop, 24, and Neil (Fadil) Mujku, 23, of second-degree murder. To reach this verdict, the jurors had to believe they were among the five men who punched, kicked and clubbed Daly to death.
Mujku will have to serve at least 12 years and Nop 13 years before they can apply for parole. With credit for pretrial custody, Mujku could apply for parole as early as Oct. 10, 2013, and Nop a year later. Another man convicted of second- degree murder, Vuthy Chak, 23, will have to serve seven years before he can apply for parole on Oct. 10, 2008.
The sentences are a slap in the face to Daly's parents who have waited five long years to see the cowards who snuffed out their bright light of a son in a fashion that is totally unforgivable.
Mr. Daly called the justice system "broken" but stopped short of blaming the judge for the lenient sentence. I can't be so forth giving to Justice Dawson.
A judge acts as the vessel that holds the elixir we call justice. Justice is meant to anoint those who are hurt by crime. This can't be done if the vessel has cracked and the limited supply of liquid healing has flowed out.
In other words it is a judges civic duty to force law makers into changing laws that benefit those who commit crimes of such grievous nature as this one. It's not right for judges to take the easy way out and hide behind our archaic laws. They must be the catalysis that stems the liberal flow of small minded justice.
Those who are found guilty of crime need to be punished in a fashion that suites the crime and detours them from committing that crime ever again. Coddling and naturing those who only know violence gives criminals a legal carte-blanche snub of society. Instead of feeling remorse, criminals laugh in the face of honest, law abiding people like the Daly family.
Papadopoulos walked out of the Maplehurst detention centre in Milton and spent the evening with his family in Hamilton. The Daly family spent the night asking "why?". "Why not two years for every year of his (Matthew's) life that they took away?" That was a sobering cry to the justice system from Matthew Daly Sr. Will his cry be enough to seal the cracks?
Or will lawyers like Heather McArthur, Papadopoulos' lawyer; who said her client "was absolutely thrilled" with the sentence and that he was looking forward to reuniting with his family and getting on with his life; drown out the cry with their screech of hypocrisy.
Respect for Papadopoulos will never be indulged upon him in Hamilton. Only remorse. He caused the Daly family a lot of pain and the apology he gave was that of a drowning man. Only his maker can offer him the forgiveness he seeks, he better start praying now, only god knows when his number is up.
Later,
Kenaz
A jury had earlier convicted him of manslaughter and the judge concluded he had driven some of the killers to the scene, but hadn't participated in the fatal attack. The jury had also convicted Sam Nop, 24, and Neil (Fadil) Mujku, 23, of second-degree murder. To reach this verdict, the jurors had to believe they were among the five men who punched, kicked and clubbed Daly to death.
Mujku will have to serve at least 12 years and Nop 13 years before they can apply for parole. With credit for pretrial custody, Mujku could apply for parole as early as Oct. 10, 2013, and Nop a year later. Another man convicted of second- degree murder, Vuthy Chak, 23, will have to serve seven years before he can apply for parole on Oct. 10, 2008.
The sentences are a slap in the face to Daly's parents who have waited five long years to see the cowards who snuffed out their bright light of a son in a fashion that is totally unforgivable.
Mr. Daly called the justice system "broken" but stopped short of blaming the judge for the lenient sentence. I can't be so forth giving to Justice Dawson.
A judge acts as the vessel that holds the elixir we call justice. Justice is meant to anoint those who are hurt by crime. This can't be done if the vessel has cracked and the limited supply of liquid healing has flowed out.
In other words it is a judges civic duty to force law makers into changing laws that benefit those who commit crimes of such grievous nature as this one. It's not right for judges to take the easy way out and hide behind our archaic laws. They must be the catalysis that stems the liberal flow of small minded justice.
Those who are found guilty of crime need to be punished in a fashion that suites the crime and detours them from committing that crime ever again. Coddling and naturing those who only know violence gives criminals a legal carte-blanche snub of society. Instead of feeling remorse, criminals laugh in the face of honest, law abiding people like the Daly family.
Papadopoulos walked out of the Maplehurst detention centre in Milton and spent the evening with his family in Hamilton. The Daly family spent the night asking "why?". "Why not two years for every year of his (Matthew's) life that they took away?" That was a sobering cry to the justice system from Matthew Daly Sr. Will his cry be enough to seal the cracks?
Or will lawyers like Heather McArthur, Papadopoulos' lawyer; who said her client "was absolutely thrilled" with the sentence and that he was looking forward to reuniting with his family and getting on with his life; drown out the cry with their screech of hypocrisy.
Respect for Papadopoulos will never be indulged upon him in Hamilton. Only remorse. He caused the Daly family a lot of pain and the apology he gave was that of a drowning man. Only his maker can offer him the forgiveness he seeks, he better start praying now, only god knows when his number is up.
Later,
Kenaz
Sunday, January 07, 2007
A step closer towards closure for Matthew Daly
Edin Hodzic, 24, was the last of five Hamilton men to be tried for first-degree murder in the death of Matthew Daly on May 19, 2001. He pleaded guilty to manslaughter for his role in the beating death, thus avoiding a long trial and the risk of a conviction for first- or second-degree murder.
On Dec. 14, a jury convicted Fadil (Neil) Mujku, 23, Vuthy Chak, 23, and Sam Nop, 24, of second-degree murder and Stephen Papadopoulos, 26, of manslaughter in Daly's death. They will be sentenced Jan. 29.
During the trial of his four accomplices, Erin Keller testified she was walking home from the graduation party with her boyfriend Daly, 19, about 3 a.m., May 19, 2001, when they heard somebody running up behind them on Woodland Park Drive in Burlington. She glanced back at a tallish "Italian-looking" man whom the Crown suggested matched Hodzic's description. He stopped briefly after making eye contact with her. Moments later, the stranger crashed into them from behind and forced their hands to break apart. He then grabbed Daly in a kind of headlock and dragged him across the street to a lawn where he was attacked by four other men and left unconscious.
After being arrested and charged on Oct. 10, 2001, Hodzic spent more than 4 1/2 years in jail awaiting his trial until he was released on bail in May 2006. By that time, the court had agreed to sever his case from the other four. He was called to testify against the other four men but refused and was cited for contempt and has been in custody since. He will be sentenced Feb. 12.
Later,
Kenaz
On Dec. 14, a jury convicted Fadil (Neil) Mujku, 23, Vuthy Chak, 23, and Sam Nop, 24, of second-degree murder and Stephen Papadopoulos, 26, of manslaughter in Daly's death. They will be sentenced Jan. 29.
During the trial of his four accomplices, Erin Keller testified she was walking home from the graduation party with her boyfriend Daly, 19, about 3 a.m., May 19, 2001, when they heard somebody running up behind them on Woodland Park Drive in Burlington. She glanced back at a tallish "Italian-looking" man whom the Crown suggested matched Hodzic's description. He stopped briefly after making eye contact with her. Moments later, the stranger crashed into them from behind and forced their hands to break apart. He then grabbed Daly in a kind of headlock and dragged him across the street to a lawn where he was attacked by four other men and left unconscious.
After being arrested and charged on Oct. 10, 2001, Hodzic spent more than 4 1/2 years in jail awaiting his trial until he was released on bail in May 2006. By that time, the court had agreed to sever his case from the other four. He was called to testify against the other four men but refused and was cited for contempt and has been in custody since. He will be sentenced Feb. 12.
Later,
Kenaz
Friday, December 15, 2006
Praise for the Matthew Daly Jury
After a full week of deliberations, the jury did the only thing they could when they sentenced four men in connection with the May 2001 murder of Burlington teenager Matthew Daly.
The men and women of this jury should be praised for their deliberate and careful attention to detail. They asked for clarification from the judge concerning the definition of "first degree murder" and "second degree murder". What they where told from all I understand of law, basically it boils down to one factor. Did the accused plan to murder Matthew?
Early on in this case like many, I thought fair justice was only a murder conviction for all involved and nothing else. As the case unfolded in became clear that these "men" did not start off the tragic evening with the intent to murder. As the events unfolded it became clear that blind hate took hold and steered these men down the path that led to the untimely death of a bright star.
It is now up to the judge to send a message to Sam Nop, Vuthy Chak and Fadil "Neil" Mujku. Who have been found guilty of second degree murder. Stephen Papadopoulos has been found guilty of manslaughter. A message that tells the country that the justice system has had enough of senseless hate and they are ready to start making those who commit these type of crimes pay to the fullest the criminal code allows.
Chak was a young offender at the time of the murder and will be eligible for parole in less than two years. A judge will set parole eligibility for Nop and Mujku on January 29th, the same day Papadopoulos' manslaughter sentence will be finalized.
A fifth man, whose identity is protected under a strict publication ban and who is also charged with first degree murder, will go on trial next year in the case.
Background Story
Four or five blows to the head and neck was the cause of death of Matthew Daly. He died in hospital about 12 hours after he was ambushed and attacked at about 3 a.m., May 19, 2001, while walking home with his girlfriend, Erin Keller, from a Nelson High School graduation party in Burlington.
The assailants were angry because Daly and his buddies had ejected a group of Hamilton men from the party less than two hours earlier. They came back to the party armed with bats and clubs, clubbed, kicked and punched Daly until he was no longer moving.
At this point, four of the attackers ran away but Nop stayed behind and delivered four or five more blows to the victim's head.
Later,
Kenaz
The men and women of this jury should be praised for their deliberate and careful attention to detail. They asked for clarification from the judge concerning the definition of "first degree murder" and "second degree murder". What they where told from all I understand of law, basically it boils down to one factor. Did the accused plan to murder Matthew?
Early on in this case like many, I thought fair justice was only a murder conviction for all involved and nothing else. As the case unfolded in became clear that these "men" did not start off the tragic evening with the intent to murder. As the events unfolded it became clear that blind hate took hold and steered these men down the path that led to the untimely death of a bright star.
It is now up to the judge to send a message to Sam Nop, Vuthy Chak and Fadil "Neil" Mujku. Who have been found guilty of second degree murder. Stephen Papadopoulos has been found guilty of manslaughter. A message that tells the country that the justice system has had enough of senseless hate and they are ready to start making those who commit these type of crimes pay to the fullest the criminal code allows.
Chak was a young offender at the time of the murder and will be eligible for parole in less than two years. A judge will set parole eligibility for Nop and Mujku on January 29th, the same day Papadopoulos' manslaughter sentence will be finalized.
A fifth man, whose identity is protected under a strict publication ban and who is also charged with first degree murder, will go on trial next year in the case.
Background Story
Four or five blows to the head and neck was the cause of death of Matthew Daly. He died in hospital about 12 hours after he was ambushed and attacked at about 3 a.m., May 19, 2001, while walking home with his girlfriend, Erin Keller, from a Nelson High School graduation party in Burlington.
The assailants were angry because Daly and his buddies had ejected a group of Hamilton men from the party less than two hours earlier. They came back to the party armed with bats and clubs, clubbed, kicked and punched Daly until he was no longer moving.
At this point, four of the attackers ran away but Nop stayed behind and delivered four or five more blows to the victim's head.
Later,
Kenaz
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