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Friday 1 March 2013

Court Hearing on bicycle by-law matter (allegedly cycling on the sidewalk)



Regarding:
 Andre Murray's Court Hearing on  bicycle by-law matter (allegedly cycling on the sidewalk) heard before Madame Justice (judge) Mary Jane Richards on Friday 21st September 2012 - I was at the hearing as an observer and when Constable David Beck was being cross examined by Mr Murray; Constable David Beck was not clear about his knowledge of the law regarding Ticket Procedure; Constable David Beck had never heard of a 'Notice of Prosecution', which is required by the New Brunswick Provincial Offences Procedures Act, section 9, onwards, for that purpose the 'Notice of Prosecution' is required to commence Ticket matters in the court.

 Mr Murray was actually arrested without grounds and on Friday 21st September, 2012, Self Represented Defendant Andre Murray has his opportunity to cross examined the arresting Police officer, Constable David Beck , about Constable David Beck's comprehension of 'Powers of Arrest' however, Constable David Beck's knowledge of Ticket procedures was not conversant with the laws giving him powers of arrest and had no knowledge of the legal process for Tickets.

Madame Justice (judge) Mary Jane Richards actually instructed Mr Murray NOT to question Police officer, Constable David Beck on the law, justifying this prohibition as Police officer, Constable David Beck is not a lawyer, Justice (judge) Mary Jane Richards shockinglystated there is no requirement for him to know the law!!!!

 That flies in the face of Staff Sgt Daniel Copp testimony, under oath, earlier this year, when Staff Sgt Daniel Copp stated that the FREDERICTON POLICE FORCE have no policies and they train their officers according to actual law and case law - however, despite the fact Staff Sgt Daniel Copp could also not quote any and didn't seem to know or understand it.

Ho hum. Police officer, Constable David Beck also said he was never provided a FREDERICTON POLICE FORCE training manual and seemed to indicate training in the FPF was a little different to other forces. That leaves us with a police force in this Municipality that is an instrument of legislation, empowered to enforce the law but doesn't understand its own powers or the laws it is legislated to enforce ... so lots of people get arrested and charged where there is no actual power to do so. Then the judges say the police are not required to understand the law thereafter, THE CITY OF FREDERICTON lawyer agrees.

Police officer, Constable David Beck has intervened in my own legal issues - but he has been required to follow FREDERICTON POLICE FORCE protocol which is not based in the law and is unconstitutional.

 These officers on the front line should not have to suffer because of poor management and if they are not taught the law re: powers of arrest we need new management and training policies, procedures and protocols - oh yes! That this the Mayor's job with the Chief of Police - no-one else, just those two as theNew Brunswick Police Act requires by legislation. Get moving Mayor Brad Woodside - you are letting down officers like Cst Beck, Stafford, L'oiseau, Roberts - all of them as well as the public and of your Municipality.
Sally Brooks

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